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DIRECT  ELECTIONS  AND 

LAW-MAKING  BY 

POPULAR  VOTE 

THE  INITIATIVE 

THE  REFERENDUM— THE  RECALL 

COMMISSION  GOVERNMENT  FOR  CITIES 

PREFERENTIAL  VOTING 

BY 

EDWIN  M.  BACON 

AND 

MORRILL  WYMAN 


i  K     »    ',  J 


'•*!■'»>       •'«»»•■'» 


BOSTON  AND  NEW  YORK 

HOUGHTON  MIFFLIN  COMPANY 

(SJbe  Bitaeti^ibe  ^n^  CambriD0e 

1912 


COPYRIGHT,   I913 
BY  MORRILL  WYMAN 

Published  yune  iqia 


PREFACE 

The  purpose  of  this  little  book  is  to  give  to 
citizens  definite  information,  in  concise  form,  with 
regard  to  the  various  electoral  devices  now  before 
the  country  and  already  established  in  a  number 
of  States,  designed  to  secure  direct  legislation  by 
popular  vote  in  place  of  the  methods  of  deliberat- 
ive representative  government. 

To  this  end  are  traced  the  inception  and  de- 
velopment of  the  Initiative  and  the  Keferendum 
—  the  Early  American  types,  the  Swiss  types,  and 
the  Modern  American  type  evolved  from  the 
Swiss  ;  of  the  Recall ;  and  of  the  "  Commission  " 
form  of  municipal  government ;  and  exhibits  given 
of  these  devices  in  practical  operation.  A  chapter 
is  also  devoted  to  the  evolution  of  systems  of  Pre- 
ferential Voting,  which  have  been  introduced  or 
proposed  in  varying  forms,  in  "  commission  "  gov- 
ernment schemes. 

The  book  does  not  undertake  to  present  an 
exhaustive  statement  of  all  the  facts  bearing  upon 
the  subject,  or  minute  details  of  the  variants  of 
these  devices  and  methods  of  their  application, 
embodied  in  state  constitutional  amendments, 
statutes,  or  municipal  charters.  For  such  complete 
data  the  citizen  is  referred  to  the  various  authori- 
tative and  scholarly  publications  embraced  in  the 


255420 


iv  PREFACE 

Bibliography  printed  at  the  end  of  the  "book,  from 
which,  together  with  first-hand  documents  and 
correspondence,  its  material  has  been  drawn,  the 
authorities  being  named  in  footnotes.  The  intent 
is  simply  to  bring  the  essential  points  to  the  at- 
tention of  citizens,  that  they  may  have  a  full  com- 
prehension of  the  nature  and  tendencies  of  the 
system  which  they  are  asked  to  substitute  for  the 
system  established  by  the  founders  of  the  Republic. 
Incompleteness  must  of  necessity  characterize 
such  a  work  as  this  covering  a  movement  in  pro- 
gress and  changing  in  aspects,  here  and  there,  as 
it  bounds  on.  The  data  are  brought  up  to  the 
spring  of  1912,  when  measures  for  the  introduc- 
tion of  the  devices  in  whole  or  in  part  are  pend- 
ing in  various  States.  Accordingly  a  supplement- 
ary edition  may  later  be  brought  out  revising  the 
present  issue,  and  bringing  the  text  to  date. 

E.  M.  B. 

M.  W. 
Boston,  Massachusetts, 
May,  1912. 


CONTENTS 

I.  The  Initiative  and  the  Referendum     .      1 

Early  American  Types  —  The  Swiss  Type  — 
The  Modern  American  System  —  Summary. 

n.  The  Recall 50 

American  development  of  a  Swiss  germ  —  First 
instituted  in  a  City  Charter  —  The  State- Wide 
Recall  —  California  Compared  —  The  Ari- 
zona Scheme  —  President  Taft's .  Veto  —  In 
Other  States  —  Moves  Against  Judges  — 
Progress  of  the  Recall  in  Cities  —  Summary. 

in.  Commission  Government  for  Cities  .  .  78 
The  Galveston  Model  —  Houston's  "  Im- 
proved Plan"  —  Expanding  the  System  — 
The  Dallas  Variety  —  Spreading  to  Other 
States  —  The  Des  Moines  Plan  —  Rapid 
Spread  of  the  Scheme  —  New  Jersey  Enabling 
Act  —  The  Alabama  Laws  —  The  Boston 
Plan  —  Summary. 

rV.  The  Preferential  Vote 11 4 

The  Method  — The  English  System  — The 
American  System  —  A  Cambridge  Plan  —  The 
Spokane  Variety  —  Summary.  i 

V.  The  Newport  Plan 131 

Facsimiles  of  Ballots    . 139 

Bibliography 151 

Index 157 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/directelectionslOObacorich 


DIRECT  ELECTIONS  AND  LAW- 
MAKING BY  POPULAR  VOTE 


THE  INITIATIVE  AND  THE  REFERENDUM 

The  Initiative  and  the  Referendum  are  insti-V 
tutions  of  ancient  lineage.  The  modern  Referen- 
dum in  a  primitive  form  dates  back  to  the  sixteenth 
century.^  Both  institutions  under  these  names  are  y 
of  Swiss  origin.  Unnamed  they  were  employed  in 
moderation  at  the  beginnings  of  America.  The 
modern  types  are  products  of  the  nineteenth  cent- 
ury. Those  in  service  in  the  United  States  are 
Swiss  importations,  Americanized. 

The  Initiative  has  been  effectively  described  as 
a  condition  precedent  to  the  Referendum ;  the 
Referendum,  as  a  condition  precedent  to  the  taking 
effect  of  law.2  Broadly  defined,  the  Initiative  is 
the  right  of  the  people  directly  to  initiate  legislation ; 
the  Referendum,  the  right  to  pass  upon  measures  of 
the  legislative  bodies,  to  ratify  or  reject  them,  be- 
fore they  can  become  law.  As  now  developed,  the 

^John  Martin  Vincent,  "State  and  Federal  Government  in 
Switzerland,"  p.  122. 

2  Ellis  Paxson  Oberholtzer,  "  The  Referendum  in  America," 
p.  369. 


2  :  :  ,  BIIiEOT  ELECTIONS 

Initiative  is  a  scheme  whereby  a  designated  per- 
centage of  the  voters  may  initiate  a  law  and  se- 
cure its  adoption  upon  approval  by  popular  vote ; 
the  Referendum,  a  scheme  whereby  a  designated 
percentage  of  voters  may  require  the  submission 
of  any  act  of  a  legislative  body  to  the  electorate 
for  approval  or  rejection,^  or  by  which  the  legisla- 
tive body  itself  may  refer  a  measure  of  its  enact- 
ment to  the  popular  vote  for  ratification.  To-day 
the  one  is  closely  associated  with  the  other.  In 
Switzerland  and  America  both  travel  together. 

EARLY   AMERICAN   TYPES 

The  early  and  the  modern  American  types  are 
but  slightly  related,  and  radically  differ  in  nature. 

The  Initiative  in  its  earliest  American  form  is 
seen  in  the  New  England  town  meeting.^  It  is 
first  found  in  the  right  given  the  "  townesmen " 
and  the  "  freemen  "  in  the  Plymouth  and  Massa- 
chusetts Bay  colonies  (in  Plymouth  as  early  as 
1640)  to  instruct  their  Representatives  in  the 
General  Courts  as  to  the  business  they  would  have 
done.'^  By  this  method,  it  should  be  observed,  the 
delegates  were  to  be  instructed  after  consultation 
and  discussion  by  the  freemen  in  their  town- 
meeting.  It  appears  in  "  The  Body  of  Liberties  " 

1  Charles  A.  Beard  and  Birl  E.  Shultz,  "  Documents  on  the 
State- Wide  Initiative,  Referendum,  and  Recall,"  Introductory 
Note,  p.  20. 

2  Oberholtzer,  p.  369. 

*  Edward  M.  Ilartwell,  secretary  of  Statistics  Department, 
City  of  Boston,  ''Referenda  in  Massachusetts  and  Boston,"  p.  2. 


INITIATIVE  AND  REFERENDUM         3 

enacted  by  the  Massachusetts  Bay  Court  in  1641, 
in  the  provision  conditioning  the  powers  of  select- 
men of  towns  on  "instructions  given  them  in 
writing"  by  the  freemen.^  During  the  pre- Revo- 
lutionary period,  especially  between  1765  and  1775, 
the  principles  of  the  Initiative  were  repeatedly 
exercised  by  the  towns  in  their  adoption  in  town 
meeting  of  written  "  Instructions  "  to  their  Repre- 
sentatives.^ 

The  Referendum  is  first  found  in  this  enact- 
ment by  the  Plymouth  Colony  in  1636,  when 
adopting  its  first  code  of  laws:  "That  the  laws 
and  ordinances  of  the  Colony  and  for  the  Govern- 
ment of  the  same  be  made  only  by  the  freemen  of 
the  Corporation  and  no  other."  ^  The  first  Refer- 
*^endum  in  the  Massachusetts  Bay  Colony  was  also' 
with  respect  to  the  fundamental  laws.  It  appears 
in  an  order  of  the  General  Court,  November  5, 
1639,  for  the  submission  to  the  several  towns  of 
models  of  a  form  of  government  and  laws,  "  that 
the  elders  of  the  churches  and  freemen  may  con- 
sider of  them  against  the  next  General  Court."  *  A 
previous  order,  March  12,  1637,  requesting  the 
freemen  to  "  assemble  together  in  their  several 
towns,  and  collect  the  heads  of  such  necessary  arid 
fundamental  laws  as  may  be  suitable  to  the  times 
and  places  where  God  in  his  providence  hath 
cast  us,"  such  "heads"  to  be  delivered  in  writing 

1  Hartwell,  p.  2.  Sec.  74  of  "  The  Body  of  Liberties." 

2  Hartwell,  p.  4. 

8  Plymouth  Colony  Records,  vol.  11,  p.  11. 

*  Massachusetts  Bay  Colony  Records,  vol.  1,  p.  27. 


4  DIRECT  ELECTIONS 

to  the  governor  before  a  specified  date,  resembles 
both  an  Initiative  and  a  Referendum.  But  as  Dr. 
Edward  M.  Hartwell,  the  Boston  statistician, 
points  out,  this  was  an  "  embryonic  or  inchoate  " 
Referendum,  from  which  the  direct  one  in  the 
order  of  November,  1639,  developed.  Finally,  in 
1641,  the  Court  voted  that  "the  bodye  of  laws 
formerly  sent  forth  among  the  Freemen  .  .  . 
stand  in  force."  ^ 

Various  instances  of  Referenda  in  subsequent 
acts  in  the  early  colonial  period  Dr.  Hart- 
weU  cites  from  the  records.  Sometimes  ques- 
tions were  referred  to  the  ministers  and  the  free- 
men. An  order  of  May  29,  1644,  thus  shrewdly 
decreed :  "  That  it  shall  be  lawful  for  the  deputies 
of  this  Court  to  advise  with  their  elders  and  free- 
men, and  take  into  serious  consideration  whether 
God  do  not  expect  that  all  the  inhabitants  of  the 
plantation  allow  to  the  magistrates,  and  all  others 
that  are  called  to  country  service,  a  proportionable 
allowance,  and  that  they  send  in  their  determina- 
tions and  conclusions  to  the  next  General  Court.'* 
The  determinations  of  the  referees  upon  this  issue 
of  the  divine  intent  as  to  pay  of  public  servants 
unfortunately  can  only  be  conjectured,  for  Dr. 
Hartwell  finds  no  record  of  them.^  Questions  of 
difference  between  the  magistrates  and  the  depu- 
ties, as  to  their  respective  privileges  and  powers, 
were  also  not  infrequently  referred  to  both  clergy 
and  freemen  for  their  opinion.  So  also  votes  of 

1  Hartwell,  p.  2. 


INITIATIVE  AND   REFERENDUM        5 

the  towns  were  called  for  assenting  or  dissenting 
to  propositions  regarding  these  powers ;  the  com- 
position of  the  General  Court ;  representation 
therein,  and  kindred  issues. 

The  device  of  the  colonial  period  is  characterized  ^ 
as  the  incipient  Referendum.^  The  definitive  Re- 
ferendum came  in  with  the  Revolution.  The  first 
of  this  class  was  the  submission  of  the  question  of 
independency.  In  Massachusetts,  on  May  9, 1776, 
the  "  House  of  Representatives  of  the  State  of 
Massachusetts  Bay,"  recommended  each  town 
sending  a  member  or  members  to  the  next  Gen- 
eral Assembly  "fully  to  possess  him  or  them 
with  their  Sentiments  relative  to  a  Declaration 
of  Independence  of  the  United  States  of  Great 
Britain  to  be  made  by  Congress,  and  to  instruct 
them  what  Conduct  they  would  have  them  ob- 
serve with  regard  to  the  next  General  Assembly's 
instructing  the  Delegates  of  the  Colony  on  this 
Subject."  The  second  followed  with  the  submission 
of  the  question  of  a  constitution  for  this  new  State. 
In  Massachusetts  a  House  resolve  of  September 
17,  1776,  submitted  this  question  to  the  "  Male 
Inhabitants  of  each  Town  being  free  and  Twenty- 
One  Years  of  Age  or  upwards  " :  Whether  ttey 
would  consent  "  that  the  present  House  of  Repre- 
sentatives and  the  Council,  in  one  Body  with  the 
House  and  by  equal  Vote,  shall  agree  on  and  enact 
such  a  Constitution  and  Form  of  Government  as 
they  shall  judge  will  be  most  conducive  to  the 

1  Hartwell,  p.  2. 


6  DIRECT  ELECTIONS 

Safety,  Peace,  and  Happiness  of  this  State  in  all 
after  and  successive  Generations,"  and  would  "di- 
rect that  the  same  be  made  public  for  the  Inspec- 
tion and  Perusal  of  the  Inhabitants  before  th€ 
Ratification  thereof  by  the  Assembly  ?  "  This  pro- 
ject fell  and  in  a  small  vote.  Apparently  less  than 
forty  per  cent  of  the  towns  made  any  returns  at 
all  on  the  Referendum.  Of  ninety-eight  from  v/hich 
returns  are  extant,  seventy-two  gave  their  consent, 
twenty-six  withheld  it.  Boston  was  with  the  latter, 
unanimously  against  this  proposal  of  an  Assembly- 
made  frame  of  government.^ 
^  Then  followed  a  series  of  constitutional  Refer- 
enda. On  May  5,  1777,  the  House  renewed  the 
proposition  of  1776,  but  with  the  added  condition 
that  the  instrument  when  drafted,  instead  of  being 
ratified  by  the  Assembly,  should  be  referred  to  the 
people  for  ratification.  It  was  specified  in  the  re- 
solve that  copies  should  be  printed  and  delivered 
to  the  towns,  and  if  two-thirds  of  the  voters  present 
and  voting  in  the  town-meetings  especially  called 
for  its  consideration  should  approve,  it  would 
thereupon  become  the  valid  constitution  of  the 
Commonwealth.2  Boston's  town  meeting  voted 
against  it  unanimously  as  before ;  and  four  days 
later  this  action  was  followed  at  another  meeting, 
with  the  unanimous  adoption  of  instructions  to 
the  Boston  representatives  "  on  no  Terms  to  con- 

1  Hartwell,  p.  6. 

^  Journal  of  the  Gonveutiou  "wluch  i ramed  the  Massachusetts 
Constitution  of  1780. 


INITIATIVE  AND  REFERENDUM         7 

sent"  to  the  formation  of  a  constitution  by  the 
General  Court.  It  was  the  Boston  contention  that 
the  matter  should  "  properly  come  before  the  peo- 
ple at  large  to  delegate  a  Select  Number  for  that 
purpose  and  that  alone."  A  sufficient  number  of 
the  towns,  however,  evidently  voted  favorably  on 
this  Referendum,  for,  on  June  17,  the  House  and 
Council  resolved  to  proceed  to  formulate  a  plan. 
Their  scheme  was  finally  adopted  and  submitted 
to  the  voters.  This  was  the  Constitution  of  1778, 
so  called.  It  was  rejected  by  an  emphatic  majority, 
—  five  to  one,  according  to  contemporary  accounts, 
in  a  small  total  vote,  one  hundred  and  twenty 
towns  not  voting  at  all.  The  Boston  town  meet- 
ing, unalterably  opposed  to  the  making  of  a  frame 
of  government  by  the  Assembly,  rejected  it  unan- 
imously on  this  ground ;  and,  further,  because  it 
lacked  a  Bill  of  Rights.  Other  towns  voted  against 
it  for  the  same  reasons. 

•^The  next  move  was  for  a  Referendum  on  the 
question  of  the  convention  proposition.  A  resolve 
of  the  House,  February  20, 1779,  with  a  preamble 
declaring  that  "  from  the  representations  made  to 
this  Court,"  they  were  unable  to  determine  "  what 
are  the  sentiments  of  the  major  part  of  the  good 
people  of  this  State  "  upon  the  subject,  proposed 
these  two  questions  to  the  voters  :  (1)  "  Whether 
they  choose  at  this  time  to  have  a  New  Constitution 
or  Form  of  Government  ?  "  (2)  "  Whether  they 

^  "LifeandWorkaof  John  Adams,"  vol.  4,  p.  214.  Hartwell, 
p.  6. 


8  DIRECT  ELECTIONS 

will  impower  their  Kepresentatives  for  the  next 
year  to  vote  for  the  calling  of  a  State  Convention 
for  the  sole  purpose  of  forming  a  new  Constitu- 
tion ?  "  Both  questions  met  popular  approval  and 
accordingly  the  convention  of  delegates  chosen  by 
the  towns  was  called.  The  outcome  of  this  con- 
vention, which  assembled  on  September  1,  1779, 
in  Cambridge,  was  the  Constitution  of  1780, 
framed  by  John  Adams.^  The  draft  was  duly  sub- 
mitted to  the  several  towns  to  be  voted  upon  at 
special  town  meetings,  the  printed  copies  being 
sent  throughout  the  State  by  "  three  expresses  "  at 
public  expense ;  and,  as  in  the  previous  case,  the 
approval  of  two-thirds  of  all  present  and  voting  at 
the  meetings  was  necessary  for  its  establishment. 
On  June  15  the  convention  announced  its  accept- 
ance by  the  people  and  dissolved.^  From  such 
returns  of  the  vote  as  are  extant,  Dr.  HartweU 
figures  that  at  least  thirteen  thousand  were  cast  on 
acceptance  of  article  one  of  the  Bill  of  Rights,  of 
which  twelve  thousand  were  yeas.^ 

Thus  was  first  established  the  system  of  the 
framing  of  a  State  constitution  by  a  delegate  con- 
vention and  its  ratification  by  the  people. 

The  State  of  New  Hampshire  followed  the  Mas- 
sachusetts course  vdth  respect  to  her  second  con- 
stitution. Her  first  instrument — the  first  consti- 
tution adopted  in  any  of  the  American  States  after 

1  "  Life  and  Works  of  John  Adams,"  toI.  4,  pp.  215-216 ;  toI. 
6,  p.  463. 

2  Journal  of  the  Convention,  p.  168.  ^  Hartwell,  p.  6. 


INITIATIVE  AND  REFERENDUM        9 

the  separation  from  England  ^  —  was  framed  and 
promulgated  by  a  "  Congress  "  that  met  at  Exeter, 
December  2,  1775,  and  was  not  submitted  to  the 
people.  It  was  a  temporary  affair.  The  second  was 
drafted  by  a  delegate  convention,  chosen  for  the 
special  purpose  in  1778,  and  was  submitted  to  the 
towns  with  the  offer  of  the  "  opportunity  to  pro- 
pose such  amendments  as  might  be  thought  would 
render  it  more  acceptable  to  the  inhabitants."  The 
opportunity  was  seized  with  zeal,  and  so  numerous 
were  the  amendments  proposed  that  the  convention 
had  practically  to  do  the  work  all  over  again.  At 
length  the  various  interests  were  conciliated,  and 
in  1783  the  new  form  was  submitted  with  more 
satisfactory  results,  the  people  accepting  it  by  a 
sufficient  vote. 

Of  all  the  thirteen  original  States  framing  con- 
stitutions during  the  Revolutionary  period  only 
these  two  New  England  States,  with  their  town- 
meeting  systems,  referred  their  completed  frame 
to  popular  vote.  By  them  alone  this  Referendum 
was  at  that  time  fully  established  as  a  part  of  the 
American  constitutional  practice.  The  Referendum 
on  the  preliminary  question,  however,  as  to  the 
calling  of  a  constitutional  convention  to  draft  an 
instrument, — was  first  instituted  by  Pennsylvania, 
which  in  1777,  and  again  in  1778,  sought  the  sense 
of  the  freemen  on  the  proposal.^  In  1792  New 
Hampshire  successfully  repeated  the  constitution 

1  Oberholtzer,  p.  105. 

a  Same,  pp.  106,  107,  110,  111,  129. 


10  DIRECT  ELECTIONS 

Eeferendum,  with  the  submission  of  her  then  re- 
vised form,  which,  with  amendments,  is  her  con- 
stitution to-day.i  In  1795  Massachusetts  submitted 
the  question  of  revision  in  accordance  with  a  decree 
in  the  Constitution  of  1780,  for  "  collecting  the 
sentiments  of  the  qualified  voters  of  the  State  in 
1795  on  the  necessity  or  expediency  of  revising 
the  constitution  in  order  to  amendments/*  The 
vote  was  close,  and  against  revision.^ 

Connecticut,  where  the  town  meeting  was  also 
an  established  institution,  was  the  first  State  to 
follow  the  Massachusetts-New  Hampshire  exam- 
ple, with  the  submission  of  her  first  constitution, 
framed  in  1818,  upon  the  abandonment  of  her  old 
charter.  Maine   came   next,   submitting   hers  in 

1820,  when  separated  from  Massachusetts  and 
made  an  independent  State.  Rhode  Island  sub- 
mitted a  frame  in  1824,  but  this  was  rejected  by 
the  voters.  Outside  of  New  England,  New  York 
led  the  other  States  in  the  employment  of  this 
Referendum,  with  her  amended   constitution  in 

1821.  Virginia  followed  in  1829;  Georgia,  North 
Carolina,  and  Michigan  in  the  thirties.  From  that 
time  on  most  of  the  old  States  adopting  new  con- 
stitutions so  submitted  them,  while  nearly  all  the 
new  States  came  into  the  Union  with  constitutions 
which  had  received  the  direct  approval  of  the  ma- 
jority of  their  voting  citizens.^ 

Thus  the  constitution  Referendum  became  a 

,     1  Oberholtzer,  pp.  Ill,  112.  «  Hartwell,  p.  7. 

»  Oberholtzer,  pp.  106-107. 


INITIATIVE  AND  REFERENDUM       11 

firmly  established  institution  the  country  over.  It 
remained  for  certain  Southern  States  at  the  end 
of  the  nineteenth  century  (1890-1898),  with  the 
adoption  of  new  constitutions  without  the  popular 
vote,  —  three  at  least  including  clauses  practically 
disfranchising  a  large  part  of  the  negro  voters,  — 
to  stray  away  from  the  beaten  path.^ 

The  amendment  Referendum  —  on  Constitu- 
tional amendments  proposed  by  Legislatures  — 
was  a  Connecticut  invention,  introduced  in  her 
Constitution  of  1818  ;  and  the  mode  which  she 
then  prescribed  —  the  passage  of  the  proposition 
through  two  successive  Legislatures  followed  by 
vote  of  the  people  —  soon  came  into  general  ap- 
plication throughout  the  States.  Massachusetts 
and  New  York  were  the  first  to  take  it  on,  both 
adopting  it  with  slight  modifications,  in  1821.^ 

From  service  with  respect  to  state  constitutions 
and  constitutional  amendments  the  Referendum 
of  this  early  type  was  gradually  extended  to  em- 
ployment by  Legislatures  on  statutory  legislation. 
Statutes  relative  to  the  location  of  capitals  in  new 
States  were  among  the  earliest  to  engage  it.  Texas 
was  the  first  to  settle  such  a  question  by  the  Re- 
ferendum. The  constitution  with  which  it  entei*ed 
the  Union  in  1845,  made  provision  for  an  election 
in  1850  of  a  capital  site  from  among  the  several 
places  presented  as  eligible.  That  place  among 

^  Mississippi,  1890;  Kentucky,  1891;  Sonth  Carolina  and 
Delaware,  1895 ;  Louisiana,  1898.  See  Oberholtzer,  pp.  120-127. 
2  Oberholtzer,  pp.  149-150. 


12  DIRECT  ELECTIONS 

those  voted  for  which  should  receive  a  majority  of 
the  votes  cast  in  such  election  should  be  the  seat 
of  government.^  Oregon  followed  with  a  similar 
Referendum  in  1857 ;  Kansas,  in  1859 ;  Colorado, 
South  Dakota,  Montana,  Washington,  in  recent 
years.  On  statutes  changing  a  capital  site  also  this 
Referendum  was  brought  early  into  play.  In  some 
of  the  newer  States  it  became  a  custom  to  employ  it 
in  legislative  acts  for  sites  for  State  universities, 
eleemosynary,  correctional,  and  like  public  insti- 
tutions. ^  Early,  too,  its  field  was  enlarged  to  in- 
clude statutes  respecting  state  debts ;  taxation  and 
finance ;  the  regulation  or  prohibition  of  traffic  in 
intoxicating  liquors,  and  other  "  vexatious  '*  sub- 
jects upon  which  the  people  widely  differ.  ^  In 
local  districts,  from  time  to  time,  its  service  ex- 
panded to  embrace  a  variety  of  subjects  —  to  de- 
termine local  territorial  and  boundary  questions ; 
the  choice  of  sites  for  county  capitals ;  the  legal 
form  and  character  of  the  government.^ 
Q  The  Initiative  was  of  slower  expansion.  From 
written  Instructions  by  town  meetings  to  the  rep- 
resentatives in  the  Legislatures  as  to  the  business 
the  people  would  have  done,  this  type  of  Initiative 
extended  to  the  proposal  of  laws  by  petition  to  the 
legislative  bodies.  In  the  New  England  towns  and 
other  local  communities  organized  according  to  the 
representative  principle,  it  was  utilized  in  the  ad- 
vancement of  numerous  varieties  of  local  policies.^ 

1  Oberholtzer,  p.  176.        2  game,  p.  179.      »  Same,  p.  286. 
*  Same,  pp.  182,  227-240.  ^  Same,  p.  369. 


INITIATIVE  AND  REFERENDUM       13 

'Yet  with  all  the  expansion  of  their  field  of  em- 
ployment the  underlying  principle  of  both  these 
early  American  types  was  that  from  which  they  de- 
veloped —  the  American  town-meeting  principle. 
They  were  exercised  in  orderly  procedure,  harmon- 
izing with  the  representative  system;  and  after 
consultation. 

THE   SWISS  TYPE 

In  the  Swiss  political  system  the  Initiative  is 
the  "  Imperative  Petition  "  of  the  people  for  speci- 
fic legislation ;  the  Referendum  is  of  two  kinds  — 
the  "  Obligatory,"  employed  in  those  cantons  whose 
constitutions  require  the  ratification  at  the  polls  of 
all  laws  passed  by  the  representative  Legislature 
before  they  can  go  into  effect;  the  " Optional," < 
^  exercised  in  those  cantons  where  the  legislative 
laws  stand  unless  demand  is  made,  in  prescribed 
form  and  within  a  specified  time,  for  a  law's  sub- 
mission to  popular  vote  for  approval  or  rejection. 
There  is,  also,  the  Federal  Referendum,  with  re- 
spect to  laws  of  the  Federal  Assembly,  all  of  which, 
"  not  of  an  urgent  nature,"  are  subject  to  submis- 
sion to  the  popular  vote  upon  request  of  a  speci- 
fied member  of  voters  within  a  specified  time  from 
their  passage. 

Under  each  institution  the  procedure  is  deliber- 
ate and  carefully  guarded  at  every  step. 

First,  as  to  the  "Imperative  Petition."  The 
course  is  as  follows:  The  proposers  of  the  law 
desired  prepare  either  a  full  draft  of  a  bill,  or  the 


14  DIRECT  ELECTIONS 

points  of  the  legislation  sought,  in  a  petition,  with 
a  statement  of  their  reasons  for  its  enactment ; 
and  file  the  document  with  the  head  man,  or  other 
designated  official,  of  the  town.  The  matter  is  then 
brought  before  the  public  for  endorsement.  This 
may  be  given  either  by  actual  signatures  to  the 
petition  or  by  verbal  assent.  The  latter  is  indi- 
cated either  in  votes  of  town  meetings  of  the  com- 
mune, or  by  personal  request  of  the  officer  in 
charge  of  the  paper  that  the  voter  be  recorded  for 
the  proposition.  A  stated  number  of  affirmative 
votes  in  a  town  meeting  has  the  same  effect  as  the 
actual  signatures  of  the  voters  so  voting.  All  those 
desiring  personally  to  sign  the  petition  must  do  so 
at  the  office  of  the  official  where  it  is  filed,  and 
each  must  prove  his  right  to  vote  as  in  any  elec- 
tion. No  officer  is  permitted  to  take  fee  for  wit- 
nessing a  signature.  When  the  requisite  number 
of  signatures  and  assents  —  a  specified  proportion 
of  the  whole  body  of  voters  —  is  obtained,  the 
petition  goes  to  the  Legislature  of  the  canton.  This 
body  must  take  up  the  matter  within  a  specified 
time ;  prepare  a  complete  draft  of  a  biU  in  accord- 
ance with  the  request ;  and  duly  submit  it  for  pop- 
ular vote.  With  this  draft  the  Legislature  may  pre- 
pare and  submit  another  draft  embodying  its  own 
views,  thus  presenting  an  alternative  proposition, 
that  the  voters  may  take  their  choice.  In  eithe? 
case  a  report  is  given  expressing  the  Legislature's 
views  as  to  the  desirability  or  propriety  of  the  pro- 
posed measure,  which  also  goes  with  the  submitted 


INITIATIVE  AND  REFERENDUM       15 

draft  or  drafts.  A  majority  vote  in  approval  es- 
tablishes the  measure  as  law.^ 

Thus  it  is  seen,  as  Professor  John  Martin  Viu- 
cent  remarks  in  his  informing  presentation  of  the 
Swiss  State  and  Federal  System,  from  which  the 
above  summary  is  drawn,  the  "  Imperative  Peti- 
tion "  approaches  very  closely  to  an  act  of  legisla- 
tion. The  signatures  are  taken  after  official  inspec- 
tion of  the  qualifications  of  the  signers.  Attention 
to  the  preliminary  request  is  obligatory,  and  the 
final  popular  vote  leaves  no  discretion  to  the  Legis- 
lature ;  it  must  simply  carry  the  will  of  the  people 
into  effect."  ^  Revisions  of  the  constitutions,  or 
amendments,  are  instituted  through  the  same  in- 
strumentality where  the  Initiative  obtains.  The 
Federal  Initiative  is  employed  only  to  make  changes 
in  the  constitution. 

The  Optional  Referendum  originated  in  the 
German-speaking  canton  of  St.  Gall,  in  1830, 
when  a  constitution  was  in  process  of  revision,  and 
was  adopted,  as  Professor  Vincent  notes,  as  a  com- 
promise between  two  opposing  parties,  the  one 
striving  for  pure  democracy,  the  other  for  repre- 
sentative government.^  All  measures  adopted  by 
the  representative  body  were  to  be  submitted  to 
popular  vote  upon  the  expression  of  such  desire  by 
a  certain  proportion  of  the  voters,  and  within 
a  specified  time.  This  "  Optional  Referendum,"  at 

*  John  Martin  Vincent,  "  State  and  Federal  Goyemment  in 
Switzerland,"  pp.  123-125. 

a  Same,  p.  125.  »  Same,  p.  122. 


16  DIRECT  ELECTIONS 

first  went  by  the  name  of  "  The  Veto."  The  sys- 
tem had  gradually  made  its  way  into  several  of  the 
cantons  before  the  adoption  of  the  Federal  Consti- 
tution of  1848.  As  it  progressed  it  varied  in  detail 
in  different  cantons.  The  limit  of  the  time  during 
which  the  petition  must  be  signed  was  usually  fixed 
at  thirty  days ;  and  within  the  same  period  after 
receiving  the  petition  the  executive  council  of  the 
State  must  appoint  a  day  for  the  vote.  The  num- 
ber of  votes  to  veto  also  differed.  In  some  cases  it 
was  to  be  a  majority  of  those  voting ;  in  others,  a 
majority  of  all  the  citizens.  Upon  a  veto  the  meas- 
ure goes  back  to  the  Legislature,  and  that  body, 
after  satisfying  itself  as  to  the  correctness  of  the 
returns,  passes  a  resolution  declaring  the  act  to  be 
void.i  The  Obligatory  Referendum  was  a  later 
development  of  the  system. 

The  Federal  Referendum  was  established  in 
the  amended  constitution  of  the  Confederation  in 
1874.  Its  features  are  thus  summarized:  All 
laws  of  the  Federal  Assembly,  except  those  of  an 
urgent  nature,  are  to  be  published  immediately 
after  passage  and  copies  sent  to  the  government 
of  each  canton,  there  to  be  submitted  for  inspec- 
tion for  ninety  days.  The  petition  demanding  a 
popular  vote  upon  any  of  the  measures  must  be 
filed  within  that  time.  This  is  addressed  to  the 
Federal  Council,  and  must  be  signed  by  the  peti- 
tioners with  their  own  hands,  the  signing  of  any 
name  but  the  voter's  own  being  a  criminal  act. 

1  Vincent,  p.  123. 


INITIATIVE  AND  REFERENDUM       17 

Each  petitioner  must  prove  his  right  to  vote  be- 
fore the  officers  having  the  petition  in  charge,  and 
the  proper  authority  must  attest  the  qualifications 
of  all  petitioners  in  each  precinct.  All  officers  are 
forbidden  to  take  any  fee  for  witnessing  signa- 
tures. Upon  finding  by  careful  scrutiny  that  the 
petition  is  supported  by  the  requisite  number  — 
30,000  citizens — the  Federal  Council  orders  a 
general  vote,  naming  a  date  not  less  than  four 
weeks  after  the  announcement,  the  same  day  for 
the  whole  Confederation ;  and  provides  for  publi- 
cation of  the  measure  in  the  several  cantons.  A 
majority  of  all  the  votes  cast  sustains  the  measure 
and  the  Federal  Council  orders  it  placed  on  the 
statute  book.  Otherwise,  it  is  kiUed.  In  case  no 
petition  for  submission  appears,  the  laws  stand 
after  the  expiration  of  the  ninety  days'  probation. 
The  legislatures  of  eight  cantons  may  petition  for 
this  Referendum  with  the  same  procedure.^ 

It  should  be  noted  that  Switzerland  geograph- 
ically, politically,  and  industrially  differs  widely 
from  the  United  States.  It  is  a  small  country, 
and  with  a  fairly  stable  population,  composed  in 
large  part  of  agricultural  or  rural  freeholders. 
The  Confederation  covers  altogether  less  than 
16,000  square  miles  ^  of  territory,  the  habitable 
part  of  which  is  about  as  large  as  the  States  of 
Massachusetts,  Connecticut,  and   Rhode   Island 

1  Vincent,  pp.  46-47. 

2  15,976  square  miles,  December,  1910,  Statesman's  Year 
Book,  1911. 


18  DIRECT  ELECTIONS 

combined,  and  contains  less  than  four  million  peo- 
ple.i  Three  nationalities  have  existed  side  by  side 
for  centuries  —  German,  French,  and  Italian ;  and 
these  are  recognized  by  the  provision  in  the  Fed- 
eral Constitution  that  laws  shall  be  printed  in  all 
three  languages,  and  that  in  the  distribution  of 
certain  offices  regard  shall  be  paid  to  the  language 
of  the  people  for  whose  benefit  the  official  serves.^ 
There  is  no  great  influx  of  immigrants  of  various 
nationalities  who  soon  become  voters,  as  in  the 
United  States ;  and  naturalization  in  Switzerland 
is  not  easily  acquired.^  The  Confederation  com- 
prises twenty-two  states  which  differ  widely  in 
area  and  population,  in  the  latter  varying  from 
539,000  to  12,000.  Of  the  twenty-two  states  three 
are  divided  into  "  half -cantons,"  so  that  altogether, 
and  including  the  Federal  Government,  there  are 
twenty-six  governments  within  the  confines  of  the 
territory.  The  chief  executive  power  of  the  Con- 
federation is  vested  in  a  committee  of  seven  chosen 
by  the  Federal  Assembly,  and  called  the  Federal 
Council.  The  chairman  of  this  body  is  also  chosen 
by  the  Federal  Assembly  and  is  known  as  the 
President  of  the  Confederacy.*  He  can  exercise 
no  veto  power.  The  Federal  judiciary  is  elected 
by  the  Federal  Assembly.  The  Federal  Assembly 
is  composed  of  two  houses,  while  the  Legislatures 

1  3,741,971,  December,  1910,  Statesman's  Year  Book,  1911. 

2  Vincent,  p.  81. 

8  Letter  of  Lauritz  S.  Swenson,  U.  S.  Minister  to  Switzerland, 
in  Concessional  Becor^,  August  19,  1911. 
*  Vincent,  pp.  31,  52. 


INITIATIVE  AND  REFERENDUM       19 

of  the  cantons  are  one-chamber  bodies.  The  germ 
of  the  Swiss  devices  is  in  the  Landesgemeinde  of 
ancient  origin,  the  assembly  of  the  people,  at 
stated  periods,  in  the  open  air,  at  which  all  male 
citizens  of  full  age  present  exercise  the  law-mak- 
ing powers  and  elect  their  administrators  by  show 
of  hands  or  by  a  ballot.^  The  Landesgemeinde  still 
exists  in  a  few  of  the  smallest  cantons  situated  in 
the  mountainous  interior  of  the  country. 

The  devices  arose  from  the  lack  of  a  native 
representative  system,  and  developed  through  the 
imperfections  of  the  Swiss  representative  govern- 
ment.^ 

THE  MODERN  AMERICAN  SYSTEM 

^  The  Initiative  and  the  Referendum  of  the  Swiss 
pattern  made  their  first  appearances  as  planks  in 
American  political  platforms  during  the  last  de- 
cade of  the  nineteenth  century. 
v^lThe  Referendum  alone  was  first  ventured. 
Earliest  agitated  by  socialistic  groups,  it  was 
taken  into  the  platform  of  the  "  Farmers'  Alli- 
ance" in  the  West.  Thence  it  passed  to  the 
"  Peoples'  Party  " ;  and  thence  to  the  Democratic 
Party.  Advocates  of  radical  social  reform  based 
upon  the  principle  of  law-making  by  popular  vote, 
antagonistic  to  the  representative  system,  pressed 
it  with  zeal,  in  the  fond  belief  that  only  that  sys- 

1  Vincent,  pp.  106,  110-114. 

*  A.  Lawrence  Lowell,  "  Government  and  Parties  in  Conti- 
nental Europe,"  vol.  2,  chap.  12. 


20  DIRECT  ELECTIONS 

tern  "  stood  between  them  and  the  realization  of 
their  ideals."^  Eising  in  the  West,  it  took  its 
bounding  way  eastward.  Partisan  and  non-parti- 
san leagues  for  its  advancement  sprang  into  virile 
existence  in  various  parts  of  the  country .2 
^  Then,  as  it  advanced,  the  Swiss  Initiative  was 
joined  to  it,  and  during  the  first  decade  of  the 
twentieth  century  these  twin  institutions  of  foreign 
importation  with  American  trimmings  became 
country-wide  fads.  Within  this  period  the  self- 
>  called  '*  Progressive '*  wing  of  the  Kepublican 
Party  took  them  into  its  warm  embrace. 
I  The  youthful  State  of  South  Dakota  was  the 
first  to  adopt  them,  establishing  them  in  these 
provisions  of  its  amended  constitution  approved 
by  popular  vote  in  1898  :  "  The  people  expressly 
reserve  to  themselves  the  right  to  propose  meas- 
ures, which  measures  the  Legislature  shall  enact, 
and  submit  to  a  vote  of  the  electors  of  the  State." 
Also  reserved  to  the  people  was  the  right  "  to  re- 
quire that  any  law  which  the  Legislature  may  have 
enacted  shall  be  submitted  to  a  vote  of  the  elec- 
tors of  the  State  before  going  into  effect,  except 
such  laws  as  may  be  necessary  for  the  immediate 
preservation  of  the  public  peace,  health,  or  safety, 
support  of  the  State  Government  and  its  existing 
public  institutions." 

How  closely   the   method   prescribed   for  the 
employment  of  the  twin  institutions  was  fashioned 

^  Oberholtzer,  Preface,  pp.  vi,  vii. 

2  Same,  Preface  to  Revised  Edition,  p.  ix. 


INITIATIVE  AND   REFERENDUM       21 

after  the  Swiss  procedure  appears  in  the  following 
summary  of  the  law's  provisions.  Not  more  than 
five  per  cent  of  the  qualified  voters  are  required 
to  invoke  either  the  Initiative  or  the  Referendum. 

*-  The  petitions  are  to  be  signed  by  the  electors  and  *' 
filed  in  the  office  of  the  secretary  of  state.  The 
petition  for  the  Referendum  on  a  legislative  en- 
actment must  be  filed  within  ninety  days  after 
the  adjournment  of  the  session  of  the  Legislature 
at  which  it  was  passed.  The  submission  is  mado 
only  at  general  elections.  A  majority  of  the  votes 
of  electors  voting  is  necessary  for  approval.  The 
veto  power  of  the  governor  is  not  to  be  exercised 
as  to  measures  referred  to  the  people.  The  enact- 
ing clause  of  all  laws  approved  by  vote  of  the 

*^clectors  is  to  read,  "Enacted  by  the  people  of  ^ 
South  Dakota." 

The  Initiative  and  Referendum  were  also  made 
applicable  in  the  South  Dakota  law  to  municip- 
alities. 

^  Utah  followed  South  Dakota  in  1900  with  the^ 
establishment  of  the  twin  institutions  in  her  state 
constitution.  The  amendment,  proposed  by  the 
Legislature  and  adopted  by  the  people,  empowered 
a  certain  "  fractional  part "  of  the  legal  voters  of 
the  State  (the  proportion  to  be  named  in  the  sta- 
tute law)  to  employ  the  Initiative  in  proposing 
legislation  and  causing  it  finally  to  be  referred  to 
the  people  for  approval  or  rejection  ;  and  a  similar 
"  fractional  part  "  to  invoke  the  Referendum  on 
measures  passed  by  the  Legislature,   with  the 


22  DIRECT  ELECTIONS 

notable  exception  of  such  as  should  receive  a  two- 
thirds'  vote  of  the  members  of  each  house.  Also, 
the  Initiative  and  Referendum  were  authorized 
on  similar  terms  in  "legal  subdivisions"  —  muni- 
cipal districts  —  of  the  State.^ 

•-Next,  in  1902,  Oregon  adopted  the  system,  v 
and  with  a  wider  application  than  any  yet  made. 
It  was  her  distinction,  also,  first  to  put  it  in  service. 
It  was  embodied  in  a  constitutional  amendment 
which  passed  buoyantly  through  two  Legislatures, 
and  was  ratified  by  the  people  by  an  overwhelm- 
ing majority.  The  scheme  had  been  introduced  and 
engineered  through  its  several  stages  by  an  organ- 
ization of  citizens  of  various  political  attachments 
assuming  the  name  of  the  "  People's  Power 
League  "  ;  and  this  body  was  foremost  in  setting 
the  machinery  for  its  operation. 

Here,  as  in  the  South  Dakota  scheme,  the  people, 
by  their  amended  constitution,  expressly  reserve  to 
themselves  the  right  to  propose  measures  which  the 
Legislature  must  enact  and  submit  to  the  popular 
vote ;  and  the  right  to  caU  for  the  Referendum  on 
all  laws  enacted  by  the  representative  body  except 
such  as  are  of  an  urgent  nature.  Then  they  go 
further  than  the  pioneer  State,  with  the  reserva- 
tion of  the  right  to  initiate  constitutional  amend- 
ments. Either  a  law  or  an  amendment  may  be  pro- 
posed by  petition  of  at  least  eight  per  cent  of  the 
number  of  electors  voting  for  justice  of  the  supreme 
court  at  the  last  preceding  election.  As  in  South 

1  Oberholtzer,  p.  396.  Art.  vi,  Constitution  of  Utah. 


V 


INITIATIVE  AND  REFERENDUM       23 

Dakota  also,  five  per  cent  of  the  electors  may 
compel  the  Referendum  on  legislative  acts  except 
those  deemed  to  be  of  immediate  urgency,  provided 
the  request  be  filed  with  the  secretary  of  state 
within  ninety  days  after  adjournment  of  the  Legis- 

j^lature ;  while  an  added  feature  is  authorization  to  ]/ 
the  legislative  body,  on  its  own  motion,  to  make 
the  going  into  effect  of  any  measure  it  may  pass 
dependable  upon  its  approval  by  the  popular  vote. 
Again,  as  in  South  Dakota,  the  veto  power  of  the 
governor  is  withheld  from  measures  submitted  to 
the  voters.  Submission  of  enactments  may  be  made 
at  special  as  well  as  at  regular  elections,  and  a 
majority  of  the  votes  cast  is  sufficient  for  approval. 
By  further  amendment  to  the  constitution  in  1906, 
provision  was  made  for  invoking  the  Referendum 
on  any  item,  or  part,  of  a  legislative  law,  as  well 
as  in  reference  to  the  law  as  a  whole.  At  the  same 
time  the  system  was  extended  to  local  districts. 
Fifteen  per  cent  of  the  electors  of  a  district  or 
city  were  empowered  to  initiate  ordinances,  and 
ten  per  cent  to  invoke  the  Referendum  on  meas- 
ures passed  by  the  local  representative  body.^ 

^  The  procedure  with  both  Initiative  and  Refer- ^ 
endum  was  defined  with  much  precision  by  the 
Oregon  Legislature.  With  respect  to  state  mat- 
ters, the  petitions  for  either  must  be  attached  to 
full  and  accurate  copies  of  the  measures  upon 
which  the  popular  vote  is  sought.  The  sheets  of  a 

1  Oberholtzer,  pp.  397-398.  Article  iv,  Constitution  of  Oregon, 
amended,  1902 ;  and  amendment  of  1906. 


24  DIRECT  ELECTIONS 

petition  for  signatures  are  to  be  of  specified  uni- 
form size ;  are  to  contain  each  no  more  than  twenty 
names ;  and  each  is  to  have  on  its  back  an  affida- 
vit of  the  person  who  circulated  it  to  the  ejffect 
that  the  signatures  are  genuine  and  the  addresses 
of  the  signers  correctly  given.  The  secretary  of 
state,  upon  receiving  the  petition,  is  to  transmit 
a  copy  to  the  attorney-general,  who  is  to  provide 
within  ten  days  a  "  ballot  title  '*  for  the  measure 
in  question,  expressing,  "in  not  exceeding  one 
hundred  words,"  its  purpose.  Should  this  title  be 
questioned  as  partial,  or  likely  to  "create  preju- 
dice either  for  or  against  the  measure,"  appeal 
may  be  taken  to  the  circuit  court  which  shall 
determine  the  matter.  Furthermore,  provision  is 
made  for  the  printing  and  circulation  of  "Argu- 
ments "  in  "  Publicity  Pamphlets,"  for  or  against 
a  measure  upon  which  the  people's  vote  is  asked. 
An  Argument  may  be  prepared  by  any  individ- 
ual, committee,  or  organization.  It  must  be  filed 
with  the  secretary  of  state  within  the  period  spec- 
ified, together  with  a  sum  of  money  sufficient  to 
meet  the  cost  of  printing  and  paper  stock.  The 
secretary  is  to  cause  such  Arguments  to  be  bound 
together  with  the  text  of  the  measure  and  the 
ballot-titles,  and  a  copy  to  be  sent  by  mail,  postage 
paid,  to  each  voter  in  the  State.  Measures  submit- 
ted by  the  Legislature  are  to  be  designated  by 
this  heading:  "Referred  to  the  People  by  the 
Legislative  Assembly " ;  those  submitted  in  re- 
sponse  to   petition:    "Eeferendum  Ordered   by 


INITIATIVE  AND   REFERENDUM       25 

Petition  of  the  People";  those  initiated  by  the 
people :  "  Proposed  by  Initiative  Petition."  With 
respect  to  the  Initiative  and  Referendum  on  local 
matters  in  districts  or  cities,  the  procedure  is 
practically  the  same.^ 

'^The  first  trial  of  the  new  departure  was  made 
at  the  Oregon  State  election  of  1904,  June  6, 
when  the  people  voted  on  two  measures,  both  pro- 
posed by  Initiative  petition.  One  was  a  direct 
primary  bill,  in  which  was  included  a  provision 
for  the  choice  of  United  States  Senators  by  the 
people ;  the  other,  a  county  local  option  liquor  bill. 
Both  were  approved,  the  direct  primary  bill  by  a 
large  majority  in  a  vote  seventy-three  per  cent  of 
the  vote  cast  for  candidates.  ^ 

The  next  demonstration  was  in  1906.  Eleven 
measures  were  now  put  before  the  voters,  ten  of 
them  brought  forward  by  Initiative  petition.  Five 
of  these  were  proposed  constitutional  amendments : 
(1)  giving  votes  to  women;  (2)  giving  larger 
powers  to  the  people  in  the  adoption  and  alter- 
ation of  the  constitution ;  (3)  guaranteeing  to  the 
people  in  towns  and  cities  "exclusive  power  to 
enact  and  amend  their  charters "  ;  (4)  providing 
for  the  election  or  appointment  of  a  state  printer 
whose  work  should  be  regulated  by  law ;  (5)  pro- 
viding for  the  Referendum  on  items  and  parts  of 
bills  as  well  as  on  entire  measures,  and  for  its 

1  Oberholtzer,  pp.  398-400,  Oregon  Session  Laws,  1903  and 
1907. 

2  Oberholtzer,  pp.  400,  408. 


26  DIRECT  ELECTIONS 

employment  in  local  communities  as  well  as  in  the 
State  at  large.  Of  the  remaining  five  propositions 
initiated,  two  were  levelled  at  "  foreign  corpora- 
tions," one  of  these  levying  a  tax  on  gross  earn- 
ings of  sleeping-car,  refrigerator-car,  and  oil-car 
companies  operating  in  the  State,  the  other  plac- 
ing a  gross  earning  tax  on  express,  telegraph,  and 
telephone  companies.  The  third  prohibited  the 
granting  by  railway  and  other  public  service 
companies  of  passes,  franks,  or  other  free  rights, 
under  penalties.  The  fourth,  proposed  by  anti- 
prohibitionists,  made  changes  in  the  local  option 
law.  The  fifth  proposed  the  purchase  by  the  State 
of  a  certain  toll-road.  The  one  measure  submitted 
by  Referendum  petition  was  an  appropriation  bill 
for  the  maintenance  of  certain  state  institutions. 

All  of  the  proposed  constitutional  amendments 
were  approved  except  that  for  woman  suffrage. 
The  two  statutes  for  taxing  foreign  corporations 
were  approved  by  a  vote  of  ten  to  one.  The  anti- 
free-pass  measure  was  also  ratified  by  a  large 
majority.  The  appropriation  for  state  institutions 
was  favored.  The  local  option  and  the  toll-road 
purchase  bills  were  rejected. ^ 

At  the  next  election,  1908,  nineteen  measures 
were  submitted.  Ten  were  proposed  constitutional 
amendments.  One  of  these  provided  for  the  intro- 
duction of  the  Recall  into  the  State's  political  sys- 
tem. Another,  for  proportional  representation. 
Another,  for  woman  suffrage  again.  Others  made 
1  Oberholtzer,  pp.  402-403,  408. 


INITIATIVE  AND  REFERENDUM       27 

provision  for  the  increase  of  the  pay  of  members  of 
the  Legislature ;  for  changing  the  date  of  the  gen- 
eral election  from  June  to  November ;  for  reorgan- 
izing the  courts  and  increasing  the  number  of 
judges ;  permitting  the  location  of  state  institutions 
at  places  other  than  the  state  capital;  giving  cities 
control  of  liquor-selling,  pool-rooms,  theatres,  and 
other  places  subject  to  the  provisions  of  the  local 
option  act ;  guaranteeing  every  man  indictment  by 
grand  jury.  The  nine  bills  comprised :  a  corrupt 
practices  act,  limiting  expenditures  of  money  in 
political  campaigns ;  measures  respecting  the  popu- 
lar election  of  United  States  Senators ;  for  free 
railroad  passes  to  public  officials  ;  giving  sheriffs 
the  control  of  county  prisoners;  creating  a  new 
county ;  making  appropriations  for  new  armories ; 
increasing  the  annual  appropriation  to  the  state 
university;  and  regulating  fisheries, — two  rival 
bills,  one  proposed  by  the  "  fish-wheel  men,"  the 
other  by  the  "  gill-net  men." 

Of  the  constitutional  amendments  proposed,  five 
were  approved :  those  for  the  Recall,  for  propor- 
tional representation,  changing  the  date  of  the  gen- 
eral election,  respecting  the  location  of  state  insti- 
tutions, and  guaranteeing  grand  jury  indictment^. 
The  others  were  rejected,  that  increasing  the  legis- 
lators' pay  by  the  largest  majority.  Of  the  bills, 
that  respecting  popular  election  of  United  States 
Senators  was  approved  by  the  largest  majority. 
The  corrupt  practices  act  also  received  a  fair  ap- 
proving vote.  The  f ree-pass-f or-public-officials  pro- 


28  DIRECT  ELECTIONS 

position  was  thrown  out  by  an  emphatic  "  no  " 
vote.  So  also  was  the  new  armories  appropriation 
bill.  The  latter  was  vigorously  opposed  by  the 
"  Grange,"  on  the  ground  that  it  would  be  an  aid 
to  the  militia  which  should  not  be  given,  because 
the  troops  were  used  in  "  the  settlement  of  disputes 
between  large  corporations  and  their  employees," 
and  "  without  these  large  corporations  the  troops 
would  not  be  needed."  ^  The  measure  increasing 
the  state  university's  annual  appropriation  met  the 
stout  opposition  of  the  "Patrons  of  Husbandry," 
who  protested  that  the  institution  was  not  in  need 
of  funds,  since  it  had  "  recently  employed  a  man 
to  coach  its  football  team,  paying  him  f  1500  for 
a  little  more  than  two  months'  '  instruction,'  and 
boasted  in  the  Portland  papers  that  it  was  the 
largest  salary  ever  paid  in  the  Northwest  to  a  foot- 
ball coach."  In  the  husbandmen's  judgment  the 
"American  common  school,"  rather  than  the  uni- 
versity, was  "  the  head  of  our  educational  system."  2 
The  bill,  however,  passed  the  ordeal  by  a  slim  mar- 
gin. The  rival  fishing  bills  were  both  approved.  The 
vote  on  the  proposed  amendments  ranged  from 
sixty-nine  to  seventy-seven  per  cent  of  the  total 
vote  for  candidates ;  the  vote  on  bills,  from  seventy- 
two  to  seventy-eight  per  cent. 
N->^  The  next  election,  that  of  1910,  has  been  termed 
the  "  banner  election  "  in  Oregon  under  the  new 
system.  The  electors  found  themselves  confronted 

1  Oberholtzer,  p.  404.  Extract  from  the  Publicity  Pamphlet. 

2  Same,  p.  404,  from  the  Publicity  Pamphlet. 


INITIATIVE  AND  REFERENDUM       29 

by  a  bewildering  list  of  thirty-two  propositions  for 
their  snap  decision  at  the  polls.  The  Publicity 
Pamphlet  of  measures  and  arguments  which  each 
duly  received  made  a  book  of  208  pages.  In  the 
mob  of  measures  were  several  of  large  import,  and 
some  revolutionary.  The  proposed  constitutional 
amendments  included  these  provisions :  abolishing 
the  poll-tax;  making  the  sessions  of  the  Legisla- 
ture annual,  the  terms  of  members  of  both  houses 
six  years,  the  presiding  officers  of  each  house  out- 
siders— not  members  of  the  Assembly  —  invited 
in  for  the  service,  and  subjecting  the  entire  mem- 
bership to  Recall  upon  petition  of  the  people  or 
vote  of  "no  confidence";  establishing  separate 
election  districts  for  members  of  the  General  As- 
sembly ;  authorizing  the  establishment  of  railroad 
districts  and  state  purchase  and  construction  of 
railroads ;  giving  cities  and  towns  special  rights 
under  the  local  option  law ;  prohibiting  the  liquor 
traffic  in  the  State ;  again  giving  votes  to  women  ; 
establishing  a  verdict  of  three-fourths  of  a  jury  in 
civil  cases, —  the  latter  advocated  by  its  sponsors 
"to  make  impossible  'that  kind  of  injustice' 
wherein  *  the  corporation  or  the  rich  man  wins  be- 
cause of  the  longest  purse.' "  ^  The  bills  embraced 
these  measures :  creating  a  "  Board  of  People's  In- 
spectors of  Government,"  to  examine  the  books  of 
public  officials  and  to  publish  a  bi-monthly  state- 
ment as  to  its  findings ;  extending  the  provisions 
of  the  direct  primary  law  to  allow  the  voters  to 

I  Oberholtzer,  p.  405,  from  Uie  Publicity  Pamphlet. 


30  DIRECT  ELECTIONS 

express  their  choice  for  President  and  Vice-Presi- 
dent of  the  United  States,  presidential  electors,  and 
delegates  to  the  national  party  conventions ;  calling 
a  convention  to  revise  the  state  constitution ;  fixing 
the  liability  of  employers  of  persons  engaged  in 
hazardous  occupations ;  providing  for  the  mainten- 
ance of  several  normal  schools ;  establishing  several 
new  counties ;  changing  the  boundaries  of  certain 
old  counties ;  increasing  a  district  judge's  salary. 
Of  these  thirty-two  propositions  twenty-three 
fell  short  of  approval.  The  dead  included  several 
of  the  more  revolutionary  schemes.  The  anti-poll- 
tax  amendment  squeezed  through  with  the  slight 
majority  of  about  two  thousand  in  a  vote  of,  in 
round  numbers,  86,300,  seventy-two  per  cent  of  the 
total  vote  cast  for  candidates.  The  scheme  for  ex- 
pression of  the  people's  choice  for  President,  presi- 
dential electors,  and  so  forth,  survived  with  a 
slenderer  majority  —  less  than  eighteen  hundred 
in  a  vote  seventy-one  per  cent  of  that  for  candi- 
dates. The  topsy-turvy  project  for  refashioning 
the  Legislature  fell  with  a  majority  of  7335  "no  '* 
votes  against  it.  By  afar  heavier  majority  of  "  no  " 
votes  — 22,500  in  a  total  of  82,500— -fell  the 
**  People's  Inspectors  "  scheme.  The  railroad  pur- 
chase and  construction  amendment,  the  woman 
suffrage,  and  the  state-wide  prohibition  amend- 
ments, were  also  killed  with  heavy  "  no "  votes. 
So,  too,  unfortunately,  the  proposal  for  a  conven- 
tion to  revise  the  now  much  patched  state  consti- 
tution fell  by  a  large  majority.  The  provision  for 


INITIATIVE  AND  REFERENDUM       31 

a  three-fourths 'jury  verdict  in  civil  cases  passed 
by  a  small  margin.  Among  the  nine  survivors  of 
the  mass,  the  bill  to  fix  the  liability  of  employers 
received  the  largest  "yes"  majority.  The  largest 
"  no  "  majority  was  suffered  by  the  judge's  salary 
increase  bill.^ 

These  results  of  the  1910  election  have  been 
variously  interpreted  according  to  the  point  of 
view  of  the  observers.  Some  partisans  of  the  new 
departure  have  found  in  them  only  cause  for  gratu- 
lation.  The  people,  these  say,  displayed  quick  in- 
telligence, wise  discretion.  Professor  Oberholtzer, 
in  his  study  of  the  "Referendum  in  America," 
finds  in  them  indications  of  a  checking  of  the  cur- 
rent of  folly :  the  appearance  of  a  disposition  to 
"  reprove  the  People's  Power  League  and  other 
inventors  of  patent  schemes  of  government."  2 
Other  independent  observers  find  conclusive  evi- 
dence of  confusion  in  the  average  voter's  mind  at 
the  appalling  task  set  him,  and  a  disposition  to  get 
through  it  somehow  with  the  least  trouble :  to  vote 
upon  the  easiest  and  perhaps  the  most  novel  prob- 
lems, or  to  vote  on  none  of  them.  To  these  ob- 
servers the  average  percentage  of  the  votes  on 
measures  much  below  the  votes  for  candidates  is 
most  significant. 

Professor  Oberholtzer  thus  effectively  summar- 
izes the  four  Oregon  elections.  Of  the  sixty-four 
questions  submitted,  twenty-six  were  constitutional 

1  Oberholtzer,  pp.  405-408,  410-411. 
3  Same,  p.  405. 


<-~^ 


X 


32  DIRECT  ELECTIONS 

amendments,  thirty-eight  simple  legislative  pro- 
posals. Forty-eight  bills  and  constitutional  amend- 
ments were  initiated  by  the  people ;  ten  were  sub- 
mitted by  the  Legislature;  six  were  acts  of  the 
Legislature  submitted  in  response  to  popular  pe- 
tition. Thirty-one  measures  were  approved,  twenty- 
five  of  which  were  submitted  by  the  Initiative, 
three  by  the  Keferendum,  three  by  the  Legislature. 
The  sixty-four  were  supported  or  opposed  by 
seventy-one  different  organizations  of  citizens.  The 
total  cost  of  the  Publicity  Pamphlets  for  the  four 
elections  was  §47,610.61.  The  seventy-one  organ- 
izations of  citizens  were  under  additional  expense 
of  $125,000.1 

South  Dakota's  first  experience  with  the  new 
system  of  her  inauguration  was  not  had  until  1908. 
Four  measures  were  then  set  up  for  the  popular 
vote  at  the  State  election.  One  was  brought  for- 
ward by  the  Initiative  petition ;  the  other  three 
were  enactments  of  the  Legislature  upon  which  the 
required  number  of  voters  had  demanded  the  Refer- 
endum. The  first  was  a  request  to  the  Legislature 
to  submit  a  local  option  liquor  law.  The  legislative 
acts  comprised  a  Sunday  law :  prohibiting,  under 
penalty,  any  theatrical  or  kindred  performances  in 
the  State  on  Sundays ;  a  divorce  law :  requiring 
the  plaintiff  to  have  been  an  actual  resident  in  the 
State  for  a  year,  and  for  three  months  in  the 
county,  before  the  action  can  be  instituted ;  and  a 
"  quail  law  " :  making  it  unlawful  to  kill  quail  in 
1  Oberholtzer,  p.  412. 


INITIATIVE  AND  REFERENDUM       33 

the  State  before  October  1,  1912.  The  result  of 
the  voting  was  the  approval  of  the  three  bills  from 
the  Legislature,  and  the  rejection  of  the  Initiative 
measure.^  At  the  next  election,  1910,  six  laws  and 
six  constitutional  amendments  were  submitted. 
One  of  the  laws  was  proposed  by  the  Initiative ;  the 
other  measures  came  from  the  Legislature.  The 
Initiative  proposal  was  again  a  local  option  liquor 
law.  The  enactments  of  the  Legislature  included 
a  state  militia  law,  and  these  acts :  compelling  rail- 
road companies  to  place  headlights  on  their  loco- 
motive engines  of  specified  candle-powers ;  author- 
izing the  governor  to  remove  all  officers  not  liable 
to  impeachment,  and  all  elective  officers,  except 
members  of  the  Legislature,  for  misconduct  or 
other  specified  causes ;  dividing  the  State  into  con- 
gressional districts ;  requiring  embalmers  to  be 
licensed  by  the  State  Board  of  Health  after  train- 
ing and  demonstrations  of  efficiency,  and  to  place 
their  names  and  registered  numbers  on  "  boxes 
containing  corpses  offered  for  shipment  v/ithin  the 
State."  The  constitutional  amendments  embraced 
an  article  extending  the  suffrage  to  women.  The 
outcome  of  this  voting  was  the  rejection  of  all  the 
proposed  laws  by  decisive  majorities ;  and  also  all 
of  the  constitutional  amendments,  save  on^, — 
with  reference  to  renting  the  public  lands.  The 
votes  on  the  measures  ranged  from  seventy-one 
to  ninety-two  per  cent  of  the  total  vote  for  gov- 
ernor.2 
1  Oberholtzer,  pp.  393-394.       2  game,  pp.  395-396. 


34  DIRECT  ELECTIONS 

Before  the  first  Oregon  trial  the  twin  institu- 
tions had  crossed  the  continent,  and  had  attracted 
the  attention  of  conservative  Massachusetts.  They 
were  especially  alluring  to  restless  reformers  zeal- 
ous for  change's  sake,  and  their  adoption  was 
eagerly  pressed  upon  the  General  Court.  Accord- 
ingly the  Legislature  of  1903  ventured  the  em- 
ployment of  the  Initiative  in  a  tentative  way.  A 
scheme  was  endorsed  authorizing  fifty  thousand 
qualified  voters,  together  with  fifteen  members  of 
the  Senate  and  a  majority  of  the  House,  to  initiate 
constitutional  amendments.  This  measure,  proposed 
as  a  constitutional  amendment,  and  so  requiring 
endorsement  by  two  successive  Legislatures,  passed 
the  General  Court  of  that  year,  but  failed  in  the 
next.  So  it  fell. 

At  the  same  time  Missouri  was  speculating 
with  both  institutions.  The  General  Assembly  of 

1903  proposed  a  constitutional  amendment  pro- 
viding for  the  Referendum  upon  any  act  or  part 
of  an  act  passed  by  the  Legislature,  by  demand  of 
ten  per  cent  of  the  legal  voters ;  and  for  the  In- 
itiative, with  respect  to  laws  when  brought  by 
fifteen  per  cent  of  the  voters,  and,  with  respect  to 
constitutional  amendments,  by  twenty  per  cent. 
The  scheme  went  to  the  people  in  the  election  of 

1904  and  was  defeated.  Three  years  later,  in 
1907,  the  Legislature  revived  the  question  in  a 
new  form,  and  this  the  people  ratified  at  the  next 
election  — 1908.  The  approved  system  provided 
for  the  Initiative  with  respect  to  both  laws  and 


INITIATIVE  AND  REFERENDUM       35 

amendments  when  brought  by  eight  per  cent  of 
the  voters  in  each  of  at  least  two-thirds  of  the 
congressional  districts ;  and  for  the  Referendum  on 
laws  enacted  by  the  Legislature,  —  except  those 
of  immediate  urgency  and  appropriation  bills  for 
the  current  expenses  of  the  State,  the  mainten- 
ance of  public  institutions,  and  the  support  of 
the  public  schools,  —  if  demanded  within  ninety 
days,  and  by  five  per  cent  of  the  voters  drawn 
from  two-thirds  of  the  congressional  districts.  The 
Legislature  may  also  on  its  own  motion  refer  any 
of  its  enactments  to  the  people.^ 

Missouri's  first  experience  with  the  system  was 
in  the  election  of  1910.  Two  constitutional  amend- 
ments on  Initiative  petition,  and  nine  originating 
with  the  Legislature,  were  then  submitted.  The 
Initiative  propositions  were  for  state-wide  prohibi- 
tion of  the  liquor  trade,  and  for  a  state  tax  for  the 
benefit  of  the  University  of  Missouri.  The  pro- 
posals from  the  Legislature  included  a  local  tax 
question,  and  the  authorization  of  a  bond  issue  for 
the  erection  and  equipment  of  a  new  state  capitol. 
All  were  rejected.  By  far  the  largest  vote  was  on 
the  prohibition  amendment.  That  on  the  univer- 
sity proposition  fell  behind  the  liquor  vote  m^ore 
than  a  hundred  thousand  votes.  ^ 

In  1904  Nevada  came  into  line.  A  constitu- 
tional amendment  embodying  the  system  in  modi- 
fied form  had  passed  two  successive  Legislatures 
— 1901  and  1903  —  and  the  people  ratified  it  in 
1  Oberholtzer,  pp.  413,  422.  2  game,  pp.  422-423. 


36  DIRECT  ELECTIONS 

the  election  of  1904.  It  provided  for  the  Referen- 
dum on  any  law  or  resolution  of  the  Legislature 
upon  caU  of  ten  per  cent  of  the  voters.  In  later 
years  further  amendments  installing  the  Initiative 
in  state  matters,  the  Referendum  on  items  and 
parts  of  acts,  and  the  local  Initiative  and  Referen- 
dum, passed  two  successive  Legislatures  and  were 
submitted  to  the  people.  The  first  application  of 
the  Referendum  in  this  State  was  made  in  1908, 
and  was  with  reference  to  an  act  establishing  a 
Nevada  state  police  passed  by  the  Legislature  in 
January  of  that  year.  This  legislation  was  the 
outcome  of  labor  troubles  in  Goldfields.  The  Ref- 
erendum was  handled  by  the  Labor  Party.  The 
vote  was  approving  but  close —  9954  "  yes,"  9078 
«  no."  1 

Montana  next  embraced  the  system,  adopting 
it  in  1906.  Here,  however,  the  Initiative  was 
withheld  from  certain  specified  classes  of  laws — 
those  relating  to  appropriations  of  money,  for  the 
submission  of  constitutional  amendments,  and  local 
or  special  measures  with  reference  to  a  variety  of 
enumerated  subjects.  The  Referendum  was  like- 
wise withheld  from  appropriation  bills,  from  the 
laws  on  the  enumerated  subjects,  and  from  acts 
of  immediate  urgency.  The  Initiative  was  to  be 
brought  by  eight  per  cent  of  the  number  of  voters 
voting  at  the  next  preceding  election,  provided 
this  percentage  were  obtained  in  each  of  at  least 
two-fifths  of  all  the  counties  ;  the  Referendum  on 

1  Oberholtzer,  pp.  413-414. 


INITIATIVE  AND  REFERENDUM       37 

legislative  act,  by  five  per  cent  under  like  condi- 
tions. As  in  the  South  Dakota  and  Oregon  schemes 
the  governor's  veto  was  withheld  from  submitted 
measures.  The  Oregon  plan  of  the  Publicity 
Pamphlet  was  adopted.  In  1907,  by  statute  legis- 
lation, the  Initiative  and  Referendum  were  ex- 
tended to  the  towns  and  cities  of  Montana.^ 

Next  came  Oklahoma  exuberantly  adopting  all 
sorts  of  fads  and  fancies  in  its  colossal  constitution 
with  its  entrance  into  statehood  in  1907.  The 
Oregon  model  was  adopted  with  variations  in  de- 
tail. The  Initiative  petition  for  laws  was  to  be 
made  by  eight  per  cent  of  the  legal  electors  voting 
at  the  last  election,  and  the  petition  for  constitu- 
tional amendments  by  fifteen  per  cent ;  while  five 
per  cent  might  invoke  the  Referendum  on  legisla- 
tive laws,  and  the  Legislature  might  submit  any 
law  on  its  own  motion.  Amendments,  whether 
originated  by  the  Initiative  or  by  the  Legislature, 
must  have  for  approval  not  a  majority  of  the 
electors  voting  thereon,  but  a  majority  of  aU  the 
electors  voting  in  the  election :  that  is,  for  candi- 
dates. Submissions  were  to  be  made  at  either  gen- 
eral or  special  elections,  the  power  to  call  special 
referenda  elections  being  vested  with  the  governor. 
A  measure  rejected  by  the  people  was  not  again 
to  be  proposed  by  the  Initiative  tiU  after  three 
years  except  upon  petition  of  twenty-five  per  cent 
of  the  voters.  Both  Initiative  and  Referendum 
were  also  at  this  time  granted  to  counties,  dis- 

1  Oberholtzer,  pp.  414-415. 


38  DIRECT  ELECTIONS 

tricts,  and  municipal  corporations  as  to  all  local 
legislation  :  in  counties  and  districts  sixteen  per 
cent  of  the  voters  to  employ  the  former  and  ten 
per  cent  the  latter,  and  in  municipalities  twenty- 
five  per  cent  to  employ  either.  The  regulations 
provided  by  the  Legislature  for  operating  the  sys- 
tem conform  for  the  most  part  to  those  of  Oregon. 
A  notable  exception  is  with  respect  to  the  Publicity 
Pamphlets.  These  are  to  be  printed  at  the  sole 
expense  of  the  State,  and  the  arguments  pro  and 
con  are  limited  to  two  thousand  words  each. 

Oklahoma's  first  trial  of  the  system  was  in  the- 
election  of  1908.  The  questions  before  the  people 
comprised  one  proposed  law,  three  constitutional 
amendments,  and  a  unique  suggestion.  The  law 
was  proposed  by  the  Initiative,  the  amendments 
by  the  Legislature.  The  Initiative  measure  au- 
thorized the  sale  of  the  school  lands  of  the  State 
to  homesteaders.  The  amendments  established 
state  liquor  sales  agencies,  adopted  the  Torrens 
System  of  land-title  registration,  and  enabled  the 
people  by  majority  vote  to  choose  a  city  to  serve 
as  the  state  capital.  All  failed  to  receive  the  re- 
quisite proportion  of  votes  for  approval.  The  Tor- 
rens land  system  amendment  and  that  as  to  the 
state  capital  each  received  a  majority  of  yeses,  but 
fell  short  of  the  majority  of  votes  cast  for  candi- 
dates. The  unique  suggestion  fared  better.  This 
was  a  proposal  from  the  Legislature,  submitted 
"merely  for  advisory  purposes,"  for  the  estab- 
lishment of  a  model  capital  city  —  a  "  New  Jeru- 


INITIATIVE  AND  REFERENDUM       39 

salem,"  located  in  the  geographical  centre  of  the 
Commonwealth,  "  to  be  owned  and  controlled  by 
and  the  lots  therein  sold  for  the  benefit  of  the 
State,"  the  site  to  be  selected  "  with  reference  to 
the  topography  of  the  country,  drainage,  health, 
picturesque  grandeur,  and  supply  of  pure  water," 
and  steam  railroads  to  be  prohibited  from  enter- 
ing it  and  so  "  marring  its  beauty."  The  sugges- 
tion took  the  popular  fancy  and  it  received  a 
generous  "  yes  "  vote. 

In  1910  Initiative  and  Referendum  matters 
were  submitted  at  three  elections  —  two  special 
ones,  in  June  and  August,  and  the  general  elec- 
tion in  November.  At  the  June  election  two  ques- 
tions were  up :  (1)  a  proposal  to  change  a  pro- 
vision in  the  constitution  prohibiting  railroad, 
transportation,  or  transmission  companies  organ- 
ized under  the  state  laws,  from  consolidating 
with  other  like  companies  organized  under  the 
laws  of  other  States  or  of  the  United  States: 
(2)  a  proposal  to  locate  the  state  capital.  The 
first  was  rejected  by  a  large  majority ;  the  second 
was  approved  in  a  small  vote.  But  for  some  irre- 
gularity in  the  business  the  supreme  court  de- 
clared this  election  void.  The  August  election  \5ra3 
upon  a  single  question :  a  constitutional  amend- 
ment initiated  by  the  Legislature  comprising  the 
"  grandfather  clause,"  of  certain  Southern  State 
constitutions,  which,  with  its  establishment  of  an 
educational  test  for  the  exercise  of  the  franchise, 
and  exemption  therefrom  of  "  descendants  of  those 


40  DIRECT  ELECTIONS 

whose  lineal  ancestors  were  entitled  to  vote  on  or 
before  January  1,1866,"  —  the  ignorant  whites,  — 
disqualifies  the  ignorant  negroes. ^  The  ballot  was 
so  contrived  as  to  mislead  the  inattentive  or  sim- 
ple voter.  The  words  "  For  the  Amendment  "  were 
printed  at  the  bottom  of  the  ballot,  and  the  only 
way  to  vote  "  no  "  was  to  scratch  out  those  words 
with  a  lead  pencil.  The  rubber  stamp  <'X"  is 
used  in  Oklahoma  to  mark  the  cross.  This  would 
not  serve  in  such  case,  and  in  some  counties  the 
election  officers  neglected  to  furnish  pencils.  Ac- 
cordingly the  amendment  went  through  by  an  easy 
majority  of  those  voting.^  The  question  of  its  con- 
stitutionality went  to  the  United  States  Supreme 
Court.  At  the  November  election  four  constitu- 
tional amendments  were  submitted  —  two  by  the 
Initiative  and  two  by  the  Legislature ;  an  act  by 
the  Eeferendum  ;  and  again  the  "  New  Jerusalem  " 
proposition.  The  amendments  provided  for  a  dis- 
tribution of  taxes  levied  upon  corporations  among 
the  public  schools ;  for  the  repeal  of  the  anti-con- 
solidation provision  and  the  substitution  in  its 
place  of  a  provision  to  facilitate  consolidations ; 
for  woman  suffrage ;  and  for  local  option  on  the 
liquor  question.  The  Eeferendum  was  on  a  gen- 
eral election  law  of  the  Legislature  which  pro- 
vided for  the  printing  of  the  candidates'  names 
on  the  ballots  in  a  column  without  party  designa- 

1  Oberholtzer,  pp.  418,  497,  499. 

2  Professor  L.  J.  Abbott,  State  University  of  Oklahoma,  in 
Twentieth  Century  Magazine,  November,  1911. 


INITIATIVE  AND  REFERENDUM      41 

tions.  Of  the  six  propositions  the  tax  distribution 
and  the  consolidation  amendments  alone  were  ap- 
proved; and  upon  these  only  a  little  above  fifty 
per  cent  of  the  electors  voted.^  The  "  New  Jeru- 
salem "  scheme  was  abandoned,  for  a  hot  fight  was 
now  on  between  Guthrie  and  Oklahoma  City  for 
the  "  permanent  capital."  The  fifth  referenda  elec- 
tion was  in  April,  1911. 

In  1907  the  twin  institutions,  again  travelling 
eastward,  found  lodgment  in  Maine.  That  year  a 
constitutional  amendment  establishing  them  passed 
the  State  Legislature,  and  the  next  year  was  rati- 
fied by  the  people.  The  Initiative  was  instituted 
for  the  proposal  of  laws,  but  not  for  constitutional 
amendments,  which  were  specifically  exempted, 
upon  petition  of  twelve  thousand  voters  ;  the  Re- 
ferendum on  legislative  acts,  by  petition  of  ten 
thousand.  It  was  provided  that  all  acts  of  the 
Legislature,  except  those  pertaining  solely  to  its 
business,  making  appropriations  therefor,  or  for 
the  payment  of  salaries  fixed  by  law,  and  meas- 
ures of  immediate  urgency,  shall  be  held  for  ninety 
days  after  the  Legislature's  adjournment,  subject 
to  the  Referendum,  which  must  be  called  for  within 
that  time.  A  measure  proposed  by  the  Initiative 
if  passed  by  the  Legislature  without  change  is  to 
stand  enacted,  without  submission.  But  if  such 
measure  be  not  adopted  it  is  then  to  be  submitted, 
either  alone,  or  together  with  one  of  the  Legisla- 
ture's drafting  as  an  alternate  choice.  The  Legis- 

1  Oberholtzer,  pp.  415-419. 


42  DIRECT  ELECTIONS 

lature  may  on  its  own  motion  enact  measures  con- 
ditioned upon  their  ratification  by  a  Referendum 
vote.  In  all  cases  a  majority  of  those  voting  only 
is  necessary  for  approval.  The  use  of  both  Initia- 
tive and  Referendum  was  at  the  same  time  also 
extended  to  cities,  with  the  requirement  that  the 
local  ordinance  establishing  them  be  first  approved 
by  a  majority  vote  of  the  citizens.^ 

Maine^s  first  experience  with  the  system  was 
had  in  the  state  election  of  1909,  when  the  Refer- 
endum was  called  on  three  legislative  acts :  one 
relative  to  the  liquor  question,  perennial  in  Maine, 
the  others  purely  local  measures.  The  local  acts — 
one  providing  for  the  division  of  an  old  town  and 
the  establishment  of  a  new  one,  the  other  for  the 
reconstruction  of  a  bridge  connecting  parts  of 
Portland  —  concerned  the  voters  of  the  State  but 
slightly.  All  three  were  rejected.  The  liquor  act 
—  making  the  state  standard  of  the  percentage 
of  alcohol  in  intoxicating  liquors  uniform  with  the 
United  States  revenue  standard  —  received  the 
largest  vote.  But  the  total  of  this  vote  was  only 
a  little  more  than  half  of  that  cast  for  governor 
in  the  same  election. 2 

In  1908  Michigan  adopted  a  new  constitution 
in  which  was  embodied  the  system  in  a  modified 
form.  The  Legislature  may  refer  any  bill,  except 
appropriation  bills,  which  it  has  passed  and  the 

1  Oberholtzer,  p.  421.  Beard  and  Shultz,  "  Documents  on  the 
Initiative,  Referendum,  and  Recall,"  p.  162.  Maine  Law,  1907. 
2  Oberholtzer,  pp.  420-422. 


INITIATIVE  AND  REFERENDUM       43 

governor  has  approved,  to  the  people,  and  no  bill 
so  referred  is  to  become  law  unless  approved 
by  a  majority  of  the  electors  voting  upon  it.  The 
Initiative  may  be  employed  for  a  constitutional 
amendment  by  twenty  per  cent  of  the  number  of 
electors  voting  for  secretary  of  state  at  the  last 
preceding  election.  If  the  Legislature  in  joint  con- 
vention of  both  houses  opposes  the  measure  it 
shall  be  referred  to  the  people,  and  with  it  the 
Legislature  may  submit  an  alternative  one  of  its 
own  drafting.  1 

In  1910  Arkansas  2  and  Colorado  ^  adopted  the 
system,  each  following,  in  the  main,  the  Oregon 
pattern.  In  each  provision  was  made  for  the 
employment  of  the  twin  institutions  in  counties, 
cities,  and  towns  as  in  the  State. 

In  1911  California*  established  the  twins  in 
her  State  constitution  by  popular  vote  in  the  elec- 
tion of  October  10,  along  with  the  Recall,  Woman 
Suffrage,  and  nineteen  other  things.  In  Washing- 
ton, Nebraska,  Idaho,  and  Wyoming  constitu- 
tional amendments  admitting  them  have  passed 
the  preliminary  steps  and  go  to  the  people  in  the 
election  of  November,  1912.  In  North  Dakota  a 
similar  amendment  stands  for  endorsement  by  the 
Legislature  of  1913.  Arizona  entered  into  state- 
hood with  them  embodied  in  her  constitution  in 
1912.5 

*  Oberholtzer,  p.  423.  Beard  and  Shultz,  p.  178.    Michigan 
Constitution,  art.  xvii. 

2  Beard  and  Shultz,  p.  180.       »  Same,  p.  181. 

*  Same,  pp.  184-185.  «  Oberholtzer,  pp.  424-425. 


44  DIRECT  ELECTIONS 

SUMMARY 

^  Thus,  it  is  seen,  within  the  short  period  of  a 
decade  and  a  half —  from  1897  to  1912  —  these 
twin  institutions  of  foreign  importation,  supersed- 
ing the  native  product  in  harmony  with  representa- 
tive government  which  they  would  replace,  had 
been  engrafted  upon  the  systems  of  thirteen  States 
with  respect  to  state  affairs,  while  four  more  had 
taken  the  preliminaries  for  their  adoption.  The 
swiftness  with  which  they  have  captivated  sea- 
soned old  Commonwealths,  as  well  as  raw  new 
ones,  is  not  the  least  remarkable  feature  of  this 
socialistic  revolution. 

It  is,  however,  in  their  application  to  munici- 
palities that  their  most  rapid  progress  has  been 
made.  Nebraska,  South  Dakota,  Iowa,  and  Cali- 
fornia were  the  first  to  introduce  them  into  local 
districts.  In  Nebraska  and  South  Dakota  they 
were  distinctly  the  Swiss  type  ;  in  Iowa  and  Cali- 
fornia, a  modification  of  it,  or  a  development  in 
line  with  American  traditions.^  Utah  was  an  early 
follower  with  the  Swiss  type.  Then  came  Oregon 
in  1906,  and  after  her,  in  quick  succession,  Okla- 
homa, Maine,  Arkansas,  Montana,  Colorado,  Ohio, 
Wisconsin.  Of  these  thirteen  States  five  —  Ne- 
braska, California,  Montana,  Ohio,  and  Wiscon- 
sin—  arranged  for  the  application  of  the  twin 
rights  in  general  laws  without  constitutional  guar- 
antee.2  The  percentage  of  voters  designated  as 

1  Oberholtzer,  pp.  309-310.  «  Same,  p.  431. 


INITIATIVE  AND  EEFERENDUM      45 

necessary  to  employ  them  varied,  ranging  from 
five  to  thirty-five  for  the  Initiative,  and  from  five 
to  twenty-five  for  the  Keferendum,  this  percent- 
age being  in  some  cases,  a  percentage  of  the  num- 
her  voting,  but  in  most,  of  the  total  number  of 
voters.  At  the  same  time  it  came  to  be  a  custom 
in  some  States  to  grant  charters  to  cities,  and  to 
pass  special  laws,  with  provisions  for  the  adoption 
of  the  twin  institutions  in  local  affairs :  as  in  Michi- 
gan, North  Carolina,  Texas,  Florida,  Massachu- 
setts, Connecticut.  1  Also  the  twins  made  progress 
in  the  so-called  "  home-rule  charters  "  —  charters 
framed  by  local  conventions  or  boards  of  free- 
holders, and  adopted  by  the  people  of  the  munici- 
pality, or,  as  in  some  cases,  approved  by  the  State 
Legislature.  2  This  class  of  charter  was  earliest  in 
vogue  in  Missouri,  California,  and  Washington, 
but  it  was  shortly  brought  into  service  in  Colo- 
rado, Oregon,  Michigan,  and  Wisconsin. 

Meanwhile  the  new  invention  of  the  commission 
form  of  city  government  had  been  brought  forth 
and  was  fascinating  political  systems  tinkers  and 
various  sorts  of  reformers  seeking  a  panacea  for 
municipal  ills.  Making  its  first  appearances  in 
1901  and  1903,  in  Texas,  as  the  "  Galveston  Plan," 
and  reappearing  in  1907,  in  Iowa,  refashioned  and 
"  improved,"  as  the  "  Des  Moines  Plan,"  this  novel 
device  was  soon  advancing  through  the  country  at 
high  speed,  threatening  to  supplant  all  others.  In 
all,  following  the  lead  of  Dallas,  Texas,  the  Initi- 
1  Oberholtzer,  pp.  431-433.  »  game,  p.  439. 


46  DIRECT  ELECTIONS 

ative  and  the  Keferendmu  were  made  essential 
features. 

Of  their  efficacy  in  the  municipality  as  in  the 
State  their  sponsors  find  convincing  evidence  in 
the  results  of  elections  in  the  communities  adopt- 
ing them ;  while  in  these  same  results  independent 
and  open-minded  observers  find  as  conclusive  evi- 
dence of  their  evil  workings  and  dangerous  tend- 
encies. Again  Oregon  is  pointed  to  as  the  foremost 

^  demonstrator  of  the  system  in  the  city  as  in  the 
State.  Take,  for  example,  the  city  of  Portland. 
In  the  ability  of  the  voters  of  this  superbly  ener- 
getic town  to  wrestle  intelligently  with  twenty-one 
charter  amendments  and  local  ordinances,  brought 
before  them  by  the  Initiative,  the  Referendum,  or 
the  city  council,  at  one  election,  thirty-five  at  an- 
other, and  twenty-four  at  another,  the  system's 
sponsors  see  proof  beyond  question  of  its  splen- 
didly practical  worth.  But  did  the  voters  vote  in- 
telligently? Doubtless  some,  perhaps  many,  of 
them,  the  independent  observers  admit :  but  many 
did  not  and  could  not,  while  not  a  few  voted  blindly 
or  not  at  all. 

It  was  the  declaration  of  the  Portland  Oregon- 

>  ian  in  1908,  upon  the  spectacular  performances 
of  that  year  in  Oregon,  that  the  Initiative  and  the 
Referendum  "  encourage  every  group  of  hobbyists, 
every  lot  of  people  burning  with  whimsical  notions 
to  propose  initiative  measures  or  to  interpose  ob- 
jections through  referendum  appeal."  They  have 
the  effect  of  "  keeping  people  wh6  would  defend 


INITIATIVE  AND  REFERENDUM      47 

the  stability  and  orderly  progress  of  society  always 
on  their  guard,  always  under  arms  for  their  de- 
fence." They  make  the  danger  ever  present  that 
the  "crudest  measures  may  pass  into  law  through 
the  inattention  of  voters,  or  that  proper  legisla- 
tive measures  may  be  turned  down."  In  fact, "  the 
situation  is  the  crank's  paradise." 

Said  Frederick  W.  Holman,  member  of  the 
Portland  bar,  speaking  at  Chicago  in  1911 :  "We 
find  .  .  .  that  measures  in  overwhelming  numbers, 
and  many  of  them  loosely  drawn,  are  being  put 
upon  the  ballot ;  that  the  percentage  of  those  who 
do  not  participate  in  direct  legislation  is  increas- 
ing ;  that  lack  of  intelligent  grasp  of  many  mea- 
sures is  clearly  indicated ;  that  legislation  is  being 
enacted  by  minorities  to  the  prejudice  of  the  best 
interests  of  the  majority ;  and  that  the  constitution 
itself  is  being  freely  changed  with  reckless  disre- 
gard of  its  purpose  and  character." 

In  the  South  Dakota  state  election  of  1910  the 
ballot  was  seven  feet  long,  one  foot  being  devoted 
to  the  candidates  and  six  feet  to  Initiative  and 
Referendum  propositions.^ 

Enthusiastic  Oregonians  endorsing  the  system 
have  declared  that  it  has  completely  abolished 
government  by  party  bosses  and  political  machines. 
Independent  observers  see  only  the  substitution  by 
its  operators  of  new  machines  and  bosses  for  the 
old.  "  Instead  of  the  old  *  machine '  they  have  es- 
tablished their  own  —  the  Grange,  the  Federation 
1  James  Boyle,  "  The  InitiatiTe  and  the  Referendum,"  p.  106. 


48  DIRECT  ELECTIONS 

of  Labor,  the  People's  Power  League.  For  the 
old  bosses  they  have  brought  themselves  forward 
as  bosses."  ^ 

Others,  political  students,  theorists,  economists, 
practical  men,  remark : 

"  A  government  must  have  organs ;  it  cannot 
act  inorganically  by  masses.  It  must  have  a  law- 
making body;  it  can  no  more  make  law  through 
its  voters  than  it  can  make  law  through  its  news- 
papers." —  Woodrow  Wilson,^ 

"  The  conception  [the  Initiative]  is  bold,  but  it 
is  not  likely  to  be  of  any  great  use  to  mankind ; 
if,  indeed,  it  does  not  prove  to  be  merely  a  happy 
hunting-ground  for  extremists  and  fanatics."  — 
A*  Lawrence  Lowell,^ 

"  Whatever  may  be  the  future  of  the  Initiative 
and  the  Keferendum  in  the  American  States  it 
will  always  be  necessary  to  take  account  of  several 
basic  facts  of  which  great  bodies  of  the  people  seem 
often  to  be  unmindful.  These  are  of  various  sorts, 
but  they  may  all  be  resolved  into  one  primary  fact 
which  has  to  do  with  the  manifest  inequality  of 
men.  All  are  clearly  not  endowed  with  the  politi- 
cal genius  to  an  equal  degree.  All  are  not  equally 
intelligent,  moral,  or  capable.  The  whole  social 
3.nd  economic  order  testifies  to  this  inequality  .  . ." 
—Ellis  P,  Oherholtzer^ 

1  Oberholtzer,  p.  502. 

2  In  "  Constitutional  Government  in  the  United  States,"  p.  191. 

*  In  "  Goyernments  and  Parties  in  Continental  Europe,"  vol. 
«,  p.  292. 

*  In  "  The  Referendum  in  America,"  p.  500. 


INITIATIVE  AND  REFERENDUM      49 

Observes  another  student  of  the  science  of  gov- 
ernment :  "  We  are  not  all  suitable  to  be  members 
of  the  Legislature.  But  many  are.  Those  are  the 
men  that  we  should  elect;  and  they  should  be 
brought  together  and  consult  for  the  good  of  the 
whole  community.  Out  of  the  thought  of  such  citi- 
zens, and  the  discussions  that  arise,  the  best  laws 
are  brought  forth." 

"  We  are  so  engrossed  in  our  private  business 
that  many  of  us  give  no  attention  to  public  ques- 
tions, or  we  too  frequently  bestow  upon  the  latter 
such  superficial  study  that  our  action  becomes  the 
dangerous  thing  that  is  based  upon  little  know- 
ledge. This  condition  of  indifference,  even  under 
our  present  system,  produces  nothing  but  an  evil 
effect  upon  the  character  of  laws ;  and  this  evil 
effect  would  be  greatly  intensified  under  the  Ini- 
tiative and  Referendum.  Legislation  may  be  ex- 
pected to  represent  in  the  long  run  the  fair  aver- 
age of  the  information  and  the  study  of  the  body 
that  enacts  it,  whether  that  body  be  composed  of 
four  hundred  legislators  or  one  hundred  millions 
of  people."  —  Samuel  W.  Mc  Call.^ 

And  this  question  is  raised :  Many  laws  danger- 
ous to  government  have  been  passed  on  an  im- 
pulsive vote.  Is  not  the  danger  of  such  legislation 
far  greater  when  it  depends  upon  the  whims  or 
impulse  of  the  average  voter  at  the  polls  ? 

^  In  "  Representative  as  against  Direct  Government,"  Atlantic 
Monthly,  October,  1911. 


II 

THE  RECALL 

The  Recall  is  also  of  ancient  origin.  ^  A  modern 
type  is  found  early  in  operation  in  Switzerland 
applied  to  local  legislatures,  and  this  Swiss  device 
was  imported  into  America  by  the  same  class  of 
social  agitators  that  brought  in  the  Initiative  and 
the  Referendum  to  be  expanded  under  the  invig- 
orating atmosphere  of  the  exuberant  West.  In 
Switzerland   it   could   be  evoked  by  a  specified 

^  Aristides :  "  He  wrote,  it  is  said,  his  own  name  on  the  sherd, 
at  the  request  of  an  ignorant  countryman,  who  knew  him  not, 
but  took  it  ill  that  any  citizen  should  be  called  Just  beyond  his 
neighbours."  —  Smith's  "  Greek  and  Homan  Biography,"  vol.  i, 
p.  294  (1870  ed.). 

"  First  the  ms^strates  numbered  all  the  sherds  in  gross,  .  .  . 
then  laying  every  name  by  itself  they  pronounced  him  whose 
name  was  written  by  the  larger  number  banished."  —  Clough's 
Plutarch's  Lives,  vol.  2,  p.  287. 

The  Recall  of  legislation  in  the  Rhode  Island  Colony :  In  Jan- 
uary, 1639,  the  "  simple  form  of  government,"  instituted  by  the 
civil  compact  for  the  incorporation  of  their  "  Body  Politick  " 
signed  the  year  before,  was  "  slightly  modified  .  .  .  when  a  plan 
was  drafted  which  provided  for  three  elders  to  assist  the  Judge, 
and  they  were  to  report  their  acts  every  quarter  to  the  assembled 
freemen  with  this  curious  arrangement  for  veto :  '  if  by  the 
Body  [of  freemen]  or  any  of  them,  the  Lord  shall  be  pleased  to 
dispense  light  to  the  contrary  of  what  by  the  Judge  and  Elders 
hath  been  determined  formerly,  that  then  and  there  it  shall  be 
repealed  as  the  act  of  the  Body.'  "  —  Rufus  M.  Jones.  "  The 
Quakers  in  the  American  Colonies,"  p.  22.  Rhode  Island  Colony 
Records,  vol.  1,  p.  63. 


THE  RECALL  61 

number  of  voters,  —  ranging  from  one  thousand 
in  the  smaller  to  eight  thousand  in  the  larger  can- 
tons,— and  thereupon  the  question  whether  the 
Legislature  should  be  recalled  was  to  go  to  the 
popular  vote.  In  case  of  a  "  yes  "  vote  the  func- 
tions of  the  Legislature  were  at  once  to  cease  and 
a  new  one  to  be  elected.^ 

Like  the  Swiss  Initiative  and  Referendum,  the 
injection  of  this  device  into  the  American  system, 
and  its  utilization  to  get  rid  of  any  unsatisfactory 
or  unpopular  officials  before  the  end  of  their  terms 
of  office,  was  earliest  agitated  by  socialistic  and 
kindred  groups ;  and  it  made  its  debut  in  Farthest 
West. 

FIRST  INSTITUTED  IN  A  CITY  CHARTER 

It  was  first  hospitably  received  by  legislators 
in  California,  and  embodied  in  a  "  home-rule  " 
city  charter.  The  city  was  Los  Angeles,  and  the 
charter  was  adopted  by  the  people  of  that  munici- 
pality in  December,  1902. 

Here  the  device  was  to  be  brought  into  play 
for  the  Recall  of  the  "holder  of  any  elective 
office,"  at  any  time  after  his  election,  by  a  major- 
ity vote  of  those  voting  on  the  question.  The  Re- 
call petition  must  contain  a  "general  statement 
of  the  grounds  upon  which  the  removal  is  sought," 
and  must  bear  the  signatures,  with  place  of  resi- 
dence, street  and  number,  of  electors  "equal  in 
number  to  at  least  twenty-five  per  centum  of  the 

1  Vincent,  p.  118. 


62  DIRECT  ELECTIONS 

entire  vote  for  all  candidates  for  the  office,  the 
incumbent  of  which  is  sought  to  be  removed,  cast 
at  the  last  preceding  general  municipal  election.'* 
The  signatures  might  be  appended  to  a  number  of 
papers  ;  but  one  signer  of  each  paper  must  make 
oath  before  a  competent  officer  that  the  statements 
therein  made  are  correct  and  the  signatures  gen- 
uine. The  papers  must  be  filed  with  the  city  clerk, 
who  must  within  ten  days  of  their  filing  examine 
them  and  certify  whether  or  not  the  petition  is 
signed  by  the  requisite  number  of  qualified  voters. 
Should  it  appear  that  the  number  is  insufficient, 
the  petition  may  be  amended  within  ten  days  from 
the  date  of  the  clerk's  certificate  to  this  effect.  If 
stiU  it  is  found  insufficient,  the  process  may  be  re- 
peated. When  complete,  the  petition  goes  at  once 
from  the  city  clerk,  duly  certified,  to  the  city 
council,  and  that  body  must  order  an  election  for 
a  date  not  less  than  thirty  days  nor  more  than 
forty  days  from  the  date  of  the  clerk's  certificate. 
The  official  sought  to  be  removed  may  be  a  candi- 
date, and  "  unless  he  requests  otherwise  in  writ- 
ing "  his  name  is  to  be  placed  on  the  official  bal- 
lot without  nomination.  The  candidate  receiving 
the  highest  number  of  votes  is  to  be  declared  elected. 
If  the  incumbent  receives  the  highest  number  he 
is  to  continue  in  office.  Otherwise  he  is  deemed 
removed  upon  the  successful  candidate's  qualifica- 
tion. Should  the  successful  candidate  fail  to  qual- 
ify within  ten  days  after  receiving  notification  of 
election,  the  office  is  to  be  deemed  vacant.^ 

1  Charter  of  Los  Angeles,  Oberholtzer,  pp.  457-458. 


THE  RECALL  63 

The  first  trial  of  the  device  was  made  ia  Sept- 
ember, 1904.  The  official  at  which  it  was  aimed 
was  a  member  of  the  common  council.  He  was 
charged  with  various  offences  —  alleged  alliance 
with  the  "  liquor  interests,"  "  corruption  attend- 
ing the  location  or  enlargement  of  a  slaughter- 
house in  a  residential  district,"  connection  with 
the  awarding  of  a  contract  for  city  printing  to  the 
Times,  a  non-union  newspaper.  The  latter  was 
the  real,  or  the  most  effective,  complaint,  and  the 
typographical  union  was  the  chief  circulator  of 
the  Recall  petition.  "  The  whole  city  was  brought 
into  the  campaign,  although  but  one  ward  voted 
on  the  question."  The  offending  councilman  was 
cast  out  with  the  election  of  the  candidate  of  the 
opposition  by  a  vote  of  2338  to  1584.^ 

Again  Los  Angeles  was  the  first  of  aU  cities 
to  use  the  Recall  to  oust  a  mayor.  This  was  in 
1909.  Sensational  exposures  of  "  social  vice  "  had 
been  making  in  the  local  newspapers,  and  the 
mayor  was  charged  with  failing  to  enforce  the 
laws.  He  was  declared  to  have  been  elected  by 
the  "  wide-open  element  and  the  political  rings," 
and  to  be  their  representative.  He  was  particu- 
larly denounced  for  the  appointment  of  the  ^chief 
of  police,  asserted  to  be  in  collusion  with  him,  to 
the  headship  of  a  board  of  public  works  "  which, 
during  the  next  few  years,  would  superintend  the 
expenditure  of  some  thirty  millions  of  doUars." 

1  Oberholtzer,  p.  465,  quoting  from  the  New  York  Independ' 
etUj  vol.  58,  p.  69. 


54  DIRECT  ELECTIONS 

At  length  he  was  arraigned  by  the  grand  jury 
together  with  several  delinquent  police  officers. 
Then  the  Recall  was  pressed  by  sundry  citizens 
with  ardor.  Petition  papers  were  "  put  into  the 
hands  of  men  and  women,  committees,  associa- 
tions, and  clubs,  *'  and  within  a  fortnight  the  re- 
quisite number  of  signatures  had  been  obtained. 
The  opponents  and  also  the  SociaHsts  nominated 
candidates,  and  a  hot  campaign  ensued.  A  fort- 
night before  the  election  day  the  obnoxious  head 
of  the  board  of  public  works  resigned,  and  two 
days  later  the  mayor  left  his  office  and  the  city. 
His  place  was  temporarily  filled  by  the  city  coun- 
cil. At  the  election,  March  26,  the  opponents* 
candidate  carried  the  day  by  a  large  majority 
over  his  Socialist  competitor.  ^ 

This  campaign  and  its  outcome  were  hailed  by 
the  sponsors  of  the  new  device  as  a  perfect  de- 
monstration of  its  righteousness.  Unbiased  ob- 
servers contended  that  the  same  results  could 
have  been  brought  about  in  the  regular  course 
without  revolutionizing  the  established  system, 
were  the  same  zeal  exercised  in  rousing  public 
opinion.  The  sponsors  retorted  that  the  ways  of 
the  old  system  were  too  slow ;  that  the  short  cut 
which  the  Recall  afforded  was  the  better.  The 
first  experience,  in  which  the  device  was  used  by 
a  faction  as  a  bludgeon  for  partisan  ends,  the 
sponsors  dismissed  as  of  no  significance.  The  un- 

1  Oberholtzer,  pp.  465-466,  quoting  the  New  York  Independent^ 
vol.  m,  p.  861,  and  the  Outlook^  vol.  91,  p.  571. 


THE  RECALL  55 

biased  observers  saw  in  that  demonstration  the 
swing  of  a  weapon  which  might  readily  be  used 
to  the  grievous  hurt  of  the  community. 

From  Los  Angeles  the  device  passed  into  the 
home-rule  charters  of  various  California  cities: 
San  Diego,  San  Bernardino,  Pasadena,  Fresno, 
Santa  Monica,  Alameda,  Santa  Cruz,  Long 
Beach,  Kiverside,  Santa  Barbara,  Palo  Alto, 
Berkeley,  Richmond,  Modesto,  Oakland,  Vallejo, 
Monterey,  San  Luis  Obispo,  Sacramento.  The 
percentage  of  names  required  on  the  petition 
ranged  from  twenty  to  fifty  per  cent  of  the  num- 
ber of  voters.  In  most  cases  the  Recall  was  not 
to  be  invoked  till  after  a  designated  period  in  the 
official's  term  —  three  or  six  months  after  in- 
stallation. In  Alameda  and  Santa  Cruz  appoint- 
ive as  well  as  elective  officers  were  made  subject 
to  the  Recall  by  this  provision :  "  The  term  of 
each  office,  elective  or  appointive,  shall  be  limited 
to  the  good  behavior  of  the  holder  thereof."^ 

THE   STATE-WIDE  RECALL 

Meanwhile  Oregon  had  taken  on  the  device 
for  state-wide  application  —  the  first  State  so  to 
apply  it  —  establishing  it  in  her  constitution,  the 
amendment  being  proposed  by  Initiative  petition, 
and  one  of  the  mixture  of  nineteen  measures  sub- 
mitted to  the  people  in  the  election  of  1908. 

Every  elective  officer  without   exception,  in- 

1  Oberholtzer,  p.  458.  Also,  "  Digest  of  Short  Ballot  Char- 
ters." 


66  DIRECT  ELECTIONS 

eluding  the  judges  of  the  courts,  was  made  sub- 
ject to  Recall  either  by  the  legal  voters  of  the 
State  or  by  the  electoral  district  from  which  he  is 
elected.  Twenty-five  per  cent,  "  but  not  more,"  of 
the  total  number  voting  in  the  official's  district 
at  the  preceding  election  for  justice  of  the  supreme 
court,  are  required  for  the  petition  demanding  his 
Recall  by  the  people.  The  petition  is  to  set  forth 
the  reasons  for  the  demand.  Should  the  officer 
aimed  at  resign,  his  resignation  shall  be  accepted 
to  take  effect  the  day  it  is  offered,  and  the  vacancy 
shall  be  filled  as  may  be  provided  by  law.  Should  he 
not  resign  within  five  days  after  the  Recall  petition 
is  filed,  a  special  election  is  to  be  ordered  to  be 
held  within  twenty  days,  in  his  electoral  district, 
to  determine  whether  the  people  wiU  recall  him. 
On  the  sample  ballot  are  to  be  printed,  in  not 
more  than  two  hundred  words  in  each  case,  the 
reasons  for  demanding  his  Recall  as  set  forth  in 
the  petition,  and  his  own  justification  of  his  course 
in  office.  He  is  to  continue  to  perform  the  duties 
of  his  office  until  the  result  of  the  special  election 
is  officially  declared.  Other  candidates  for  the 
office  may  be  nominated  to  be  voted  for  at  this 
election;  and  the  candidate  who  receives  the 
highest  number  of  votes  is  to  be  deemed  elected 
for  the  remainder  of  the  term,  whether  it  be  the 
officer  himself  or  another.  A  Recall  petition  is 
not  to  be  circulated  against  any  officer  until  he 
has  actually  held  his  office  six  months,  "  save  and 
except  that  it  may  be  filed  against  a  senator  or 


THE  RECALL  57 

representative  in  the  legislative  Assembly  at  any- 
time after  five  days  from  the  beginning  of  the 
first  session  after  his  election."  After  one  Eecall 
petition  and  special  election  no  further  petition  is 
to  be  filed  against  the  same  officer  during  the  re- 
mainder of  his  term,  "  unless  such  further  peti- 
tioners shall  pay  first  into  the  public  treasury, 
which  has  paid  such  special  election  expenses,  the 
whole  amount  of  its  expenses  for  the  preceding 
special  election."  ^ 

CALIFORNIA   COMPARED 

California  followed  Oregon  with  a  similar 
"  State-Wide  Recall "  amendment  to  her  consti- 
tution ;  the  Legislature  adopting  the  instrument 
at  the  session  of  1911,  and  the  people  ratifying 
it  by  a  large  majority  at  the  special  election  in 
the  following  October.  As  in  Oregon,  all  elective 
state  officers  and  the  judiciary  are  made  subject 
to  the  Recall,  and  its  use  is  extended  to  cover 
elective  officers  of  counties,  cities,  and  towns. 
But  the  California  scheme  is  more  elaborate  than 
the  Oregon,  and  in  some  respects  more  radical, 
while  it  differs  from  that  markedly  in  detail. 

The  petition  for  the  Recall  of  an  "elective 
public  officer "  must  have  the  signatures  of  elec- 
tors entitled  to  vote  for  a  successor  "equal  in 
number  to  at  least  twelve  per  cent  of  the  entire 

1  Text  in  Charles  A.  Beard  and  Birl  E.  Shultz.  "  Documents 
on  the  State- Wide  Initiative,  Referendum  and  Recall,"  pp.  242- 
243. 


58  DIRECT  ELECTIONS 

vote  cast  at  the  last  preceding  election  for  all  can- 
didates for  the  office."  If  he  be  a  "  state  officer 
who  is  elected  in  any  political  subdivision  of  the 
State  "  the  petition  must  be  signed  by  twenty  per 
cent.  If  he  be  an  officer  "  elected  in  the  State  at 
large,"  the  petition  must  be  circulated  in  not  less 
tban  five  counties  of  the  State  and  be  signed  in 
each  by  "  electors  equal  in  number  to  not  less  than 
one  per  cent  of  the  entire  vote  cast  in  each  of  said 
counties  at  said  election  as  above  estimated."  The 
petition  is  to  contain  a  general  statement  of  the 
ground  on  which  the  removal  is  sought,  "  which 
statement  is  intended  solely  for  the  information 
of  the  electors,  and  the  sufficiency  of  which  shall 
not  be  open  to  review."  Any  Recall  petition  may 
be  presented  in  sections,  but  each  section  must 
contain  "  a  full  and  accurate  copy  of  the  title  and 
text  of  the  petition."  Each  signer  must  add  to 
his  signature  his  place  of  residence,  with  street 
and  number,  if  such  exist.  His  election  precinct 
must  also  appear  after  his  name.  Any  qualified 
elector  of  the  State  is  competent  to  solicit  such 
signatures  within  the  county,  or  city  and  county,  in 
which  he  is  an  elector.  Each  section  of  the  peti- 
tion must  bear  the  name  of  the  county,  or  city 
and  county,  in  which  it  is  circulated,  and  only 
qualified  voters  therein  are  competent  to  sign  it. 
To  each  section  must  be  attached  the  affidavit  of 
the  person  soliciting  the  signatures,  "  stating  his 
qualifications,  and  that  all  the  signatures  to  the 
attached  section  were  made  in  his  presence,  and 


THE  RECALL  59 

that  to  the  best  of  his  knowledge  and  belief  each 
signature  to  the  section  is  the  genuine  signature 
of  the  person  whose  name  it  purports  to  be." 
These  affidavits  are  to  be  verified  free  of  charge 
by  any  officer  entitled  to  administer  an  oath. 
Each  section  is  to  be  filed  with  the  clerk  or  the 
registrar  of  voters  of  the  county,  or  city  and 
county,  in  which  it  was  circulated ;  but  all  must 
be  filed  at  the  same  time.  Within  twenty  days 
after  the  date  of  filing  the  clerk  or  registrar  must 
finally  determine,  from  the  records  of  registration, 
what  number  of  qualified  electors  have  signed  the 
petition ;  attach  to  it  his  certificate  showing  the 
result  of  this  examination;  submit  the  petition, 
"  except  as  to  the  signatures  appended  thereto,"  to 
the  secretary  of  state,  and  file  a  copy  of  his  cer- 
tificate in  the  secretary's  office.  Within  forty 
days  from  this  transmission  a  supplemental  peti- 
tion, "identical  with  the  original  as  to  the  body 
but  containing  supplemental  names,"  may  be  filed 
with  the  clerk,  or  registrar,  and  this  must  be  ex- 
amined and  transmitted  in  the  same  manner  as  the 
original  one.  When  the  secretary  of  state  has  re- 
ceived a  petition  duly  certified  to  have  been  signed 
by  the  requisite  number  of  qualified  voters,  he  naust 
"forthwith"  transmit  to  the  clerk  or  registrar  of 
every  county,  or  city  and  county,  in  the  State,  a 
certificate  showing  such  fact ;  and  at  the  same  time 
submit  the  petition,  together  with  a  certificate  of 
its  sufficiency,  to  the  governor.  Thereupon  it  is 
the  governor's  duty  to  order  and  fix  a  date  for 


60  DIRECT  ELECTIONS 

holding  the  Recall  election,  which  must  be  not 
less  than  sixty  days  nor  more  than  eighty  days 
from  the  date  of  the  secretary's  certificate. 

As  in  the  Oregon  scheme,  on  the  official  ballot 
at  such  election  must  be  printed,  in  not  more  than 
two  hundred  words,  the  reasons  set  forth  in  the 
petition  for  demanding  the  official's  Recall,  and  in 
not  more  than  three  hundred  words  (a  hundred 
more  than  Oregon  allows),  if  desired  by  him,  the 
officer's  justification  of  his  course  in  office.  If  the 
officer  resigns  at  any  time  subsequent  to  the  filing 
of  the  Recall  petition,  the  Recall  election  is  to  be 
held  notwithstanding  such  resignation,  and  the 
vacancy  filled  as  provided  by  law :  the  person  ap- 
pointed to  hold  the  office  only  till  the  successful 
candidate  at  the  Recall  election  qualifies.  Candi- 
dates are  to  be  nominated  by  petition,  the  nomin- 
ating petition  to  be  signed  by  one  per  cent  of  the 
total  vote  at  the  last  preceding  election  for  all 
the  candidates  for  the  office,  and  to  be  filed  with 
the  secretary  of  state  not  less  than  twenty-five 
days  before  the  election.  The  officer  sought  to  be 
removed  is  not  listed  as  a  candidate.  The  Recall 
ballot  first  puts  the  question,  "  Shall  (name  of 
the  officer)  be  Recalled  from  the  office  of  (title  of 
office)?  "  followed  by  the  words  "  Yes"  or  "  No" 
on  separate  lines,  with  a  blank  space  at  the  right  of 
each  in  which  the  voter  is  to  indicate  his  vote  for 
or  against,  by  stamping  a  cross ;  and  beneath  the 
question  appears  the  list  of  candidates  nominated 
to  succeed  him  should  he  be  recalled.  No  vote 


THE  RECALL  61 

cast  is  to  be  counted  for  any  candidate  unless  the 
voter  also  voted  on  the  Recall  question.  A  ma- 
jority "no"  vote  retains  the  incumbent  in  his 
office;  a  majority  "yes"  vote  removes  him  upon 
the  qualification  of  his  successor.  The  candidate 
receiving  the  highest  number  of  votes  is  declared 
elected  for  the  remainder  of  the  term.  In  case  the 
successful  candidate  fails  to  qualify  within  ten 
days  after  receiving  the  certificate  of  election  the 
office  is  deemed  vacant,  and  is  to  be  filled  "  ac- 
cording to  law."  If  the  governor  is  sought  to  be 
removed,  the  duties  imposed  upon  him  in  the  Re- 
call procedure  are  to  be  performed  by  the  lieuten- 
ant-governor ;  if  the  secretary  of  state  is  petitioned 
against,  the  duties  imposed  upon  him,  as  pre- 
scribed, fall  to  the  state  controller.  An  official 
proceeded  against  and  successfully  passing  the 
Recall  ordeal  is  to  be  repaid  from  the  state  treas- 
ury "any  amount  legally  expended  by  him  as  ex- 
penses of  such  election,"  the  Legislature  to  provide 
appropriation  for  this  purpose ;  and  no  proceed- 
ings for  another  Recall  election  in  his  case  is  to  be 
initiated  within  six  months.  No  Recall  petition  is 
to  be  circulated  or  filed  against  any  officer  till  he 
has  actually  held  his  office  for  at  least  six  months, 
"  save  and  except  it  may  be  filed  against  any  mem- 
ber of  the  State  Legislature  at  any  time  after  five 
days  from  the  convening  and  organizing  of  the 
Legislature  after  his  election."  ^ 

The  procedure  for  exercise  of  the  Recall  by  the 
1  Text  in  Board  and  Shultz,  "  Documents,"  eto.,  pp.  264-270, 


62  DIRECT  ELECTIONS 

electors  of  counties  and  cities  with  reference  to  the 
local  elective  officers  was  provided  for  by  general 
law  of  the  Legislature  of  1911.  For  a  Recall  peti- 
tion in  a  county  the  signatures  of  twenty  per  cent 
of  the  voters  are  required  ;  in  a  municipal  corpor- 
ation, not  acting  under  freeholders',  or  home-rule, 
charters,  twenty-five  per  cent. 

THE  ARIZONA  SCHEME 

It  was  left  for  Arizona,  however,  in  her  consti- 
tution with  which  she  sought  statehood  in  1911, 
to  adopt  the  device  in  the  most  radical  of  all 
forms. 

Every  public  officer  in  the  State  "holding  an 
elective  office,  either  by  election  or  appointment,"  ^ 
thus  including  county  and  state  judges,  was  made 
subject  to  Recall  by  the  qualified  electors  of  the 
electoral  district  from  which  candidates  are  elected 
to  such  office,  six  months  after  the  officer's  election ; 
unless  he  be  a  member  of  the  Legislature,  when 
the  limit  was  fixed  at  five  days  from  the  beginning 
of  the  first  session  after  his  election.  Twenty-five 
per  cent  of  the  electors  voting  for  all  candidates 
for  the  office  at  the  last  preceding  general  election 
may  invoke  the  Recall ;  and  the  electoral  district 
may  include  the  whole  State.  As  in  the  Oregon 
scheme,  the  Recall  petition  must  contain  a  general 
statement  in  not  more  than  two  hundred  words  of 
the  grounds  of  the  demand ;  and  this  statement 

^  Appointment  to  fill  a  vacancy  in  an  elective  office  for  an  un- 
expired term. 


THE  RECALL  63 

must  be  printed  on  the  Recall  ballot,  together  with 
the  officer's  justification  of  his  course  in  office  in 
the  same  limit  of  space.  Also  as  in  the  Oregon 
scheme,  the  Recall  election  is  not  to  be  called  if  the 
officer  proceeded  against  should  resign  within  five 
days  after  the  filing  of  the  petition  :  such  resigna- 
tion is  to  be  accepted  and  the  vacancy  thus  created 
is  to  be  filled  "as  may  be  provided  by  law."  If  he 
does  not  resign  within  the  prescribed  time  and  so 
meets  the  ordeal,  his  name  is  to  be  placed  on  the 
Recall  ballot  as  a  candidate  unless  he  otherwise  re- 
quests, in  writing.  Other  candidates  are  to  be  nom- 
inated in  the  ordinary  way  as  the  law  provides. 
The  candidate  receiving  the  highest  number  of  votes 
is  to  be  declared  elected  for  the  remainder  of  the 
term,  and  the  incumbent,  unless  he  be  that  candi- 
date, is  deemed  removed  from  the  office  upon  qual- 
ification of  his  successor.  If  the  successful  candi- 
date does  not  qualify  the  office  is  vacant  and  is  to 
be  filled  as  provided  by  law.  The  Oregon  require- 
ment as  to  a  second  Recall  petition  against  the 
same  officer  during  the  remainder  of  his  term  — 
that  none  shall  be  filed  unless  the  petitioners  first 
pay  into  the  public  treasury  a  sum  equal  to  all  the 
expenses  of  the  preceding  Recall  election  —  is  dar- 
ned. 1 

PRESIDENT   TAFT'S  VETO 

It  was  the  judicial  Recall  feature  particularly 
which  drew  President  Taft's  trenchant  veto  of  the 
congressional  resolution  admitting  Arizona  with 

*  Text  in  Beard  and  Shnltz,  '*  Documents,"  etc.,  pp.  244-245. 


64  DIRECT  ELECTIONS 

tliis  constitution,  on  the  condition  that  the  Recall 
section  be  submitted  to  the  people  for  approval  or 
rejection : 

"  This  provision  of  the  Arizona  Constitution,  in 
its  application  to  county  and  state  judges,  seems 
to  me  so  pernicious  in  its  effect,  so  destructive  of 
independence  in  the  judiciary,  so  likely  to  subject 
the  rights  of  the  individual  to  the  possible  tyranny 
of  a  popular  majority,  and  therefore  to  be  so  in- 
jurious to  the  cause  of  free  government,  that  I  must 
disapprove  a  constitution  containing  it." 

With  this  premise  the  document  proceeds, 

"  A  government  is  for  the  benefit  of  all  the  peo- 
ple. We  believe  that  this  benefit  is  best  accom- 
plished by  popular  government,  because  in  the  long 
run  each  class  of  individuals  is  apt  to  secure  better 
provision  for  themselves  through  their  own  voice 
in  government  than  through  the  altruistic  interest 
of  others,  however  intelligent  or  philanthropic.  The 
wisdom  of  ages  has  taught  that  no  government 
can  exist  except  in  accordance  with  laws  and  un- 
less the  people  under  it  obey  the  laws  voluntarily 
or  are  made  to  obey  them.  In  a  popular  govern- 
ment the  laws  are  made  by  the  people  —  not  by  all 
the  people  —  but  by  those  supposed  and  declared 
to  be  competent  for  the  purpose,  as  males  over 
twenty-one  years  of  age,  and  not  by  all  of  these 
—  but  by  a  majority  of  them  only. 

"  Now,  as  the  government  is  for  all  the  people, 
and  is  not  solely  for  a  majority  of  them,  the 
majority  in  exercising  control  either  directly  or 


THE  RECALL  65 

through  its  agents  is  bound  to  exercise  the  power 
for  the  benefit  of  the  minority  as  well  as  the  ma- 
jority. But  all  have  recognized  that  the  majority 
of  a  people,  unrestrained  by  law,  when  aroused 
and  without  the  sobering  effect  of  deliberation 
and  discussion,  may  do  injustice  to  the  minority  or 
to  the  individual  when  the  selfish  interest  of  the 
majority  prompts.  Hence  arises  the  necessity  for 
a  constitution  by  which  the  will  of  the  majority 
shall  be  permitted  to  guide  the  course  of  the  gov- 
ernment only  under  controlling  checks  that  experi- 
ence has  shown  to  be  necessary  to  secure  for  the 
minority  its  share  of  the  benefit  to  the  whole  peo- 
ple that  a  popular  government  is  established  to 
bestow. 

"A  popular  government  is  not  a  government  of 
a  majority,  by  a  majority,  for  a  majority  of  the 
people.  It  is  government  of  the  whole  people,  by 
a  majority  of  the  whole  people  under  such  rules 
and  checks  as  will  secure  a  wise,  just,  and  benefi.- 
cent  government  for  all  the  people. 

*'  No  honest,  clear-headed  man,  however  great  a 
lover  of  popular  government,  can  deny  that  the 
unbridled  expression  of  the  majority  of  a  ,com- 
munity  converted  hastily  into  law  or  action  would 
sometimes  make  a  government  tyrannical  and 
cruel.  Constitutions  are  checks  upon  the  hasty 
action  of  the  majority.  They  are  the  self-imposed 
restraints  of  a  whole  people  upon  a  majority  of 
them  to  secure  sober  action  and  a  respect  for  the 


66  DIRECT  ELECTIONS 

rights  of  the  minority,  and  of  the  individual  in 
his  relation  to  other  individuals,  and  in  his  rela- 
tion to  the  whole  people  in  their  character  as  a 
State  or  government.  The  constitution  distributes 
the  functions  of  government  into  three  branches 
—  the  legislative,  to  make  the  laws  ;  the  executive, 
to  execute  them ;  and  the  judicial,  to  decide  in 
cases  arising  before  it  the  rights  of  the  individ- 
ual as  between  him  and  others  and  as  between 
him  and  the  government.  .  .  .  The  executive 
and  legislative  branches  are  representative  of  the 
majority  of  the  people  which  elected  them  in 
guiding  the  course  of  the  government  within  the 
limits  of  the  constitution.  They  must  act  for  the 
whole  people,  of  course  ;  but  they  may  properly 
follow,  and  usually  ought  to  follow,  the  views  of 
the  majority  which  elected  them  in  respect  to  the 
governmental  policy  best  adapted  to  secure  the 
welfare  of  the  whole  people.  But  the  judicial  branch 
of  the  government  is  not  representative  of  a  ma- 
jority of  the  people  in  any  such  sense,  even  if  the 
mode  of  selecting  judges  is  by  popular  election. 

"  In  a  proper  sense,  judges  are  servants  of  the 
people  ;  that  is,  they  are  doing  work  which  must  be 
done  for  the  government,  and  in  the  interest  of  all 
the  people,  but  it  is  not  work  in  the  doing  of  which 
they  are  to  follow  the  will  of  the  majority,  except 
as  that  is  embodied  in  statutes  lawfully  enacted 
according  to  constitutional  limitations.  They  are 
not  popular  representatives.  On  the  contrary,  to 
fill  their  office  properly  they  must  be  independent. 


THE  RECALL  67 

They  must  decide  every  question  which  comes  be- 
fore them  according  to  law  and  justice.  If  this 
question  is  between  individuals,  they  will  follow 
the  statutes,  or  the  unwritten  law  if  no  statute 
applies,  and  they  take  the  unwritten  law  growing 
out  of  tradition  and  custom  from  previous  judicial 
decisions.  If  a  statute  or  ordinance  affecting  a 
cause  before  them  is  not  lawfully  enacted,  because 
it  violates  the  constitution  adopted  by  the  people, 
then  they  must  ignore  the  statute  and  decide  the 
question  as  if  the  statute  had  never  been  passed. 
This  power  is  a  judicial  power,  imposed  by  the 
people  on  the  judges  by  the  written  constitution. 

"  By  the  Recall  in  the  Arizona  Constitution  it 
is  proposed  to  give  to  the  majority  power  to  re- 
move, arbitrarily  and  without  delay,  any  judge 
who  may  have  the  courage  to  render  an  unpopular 
decision.  .  .  .  Could  there  be  a  system  more  in- 
geniously devised  to  subject  judges  to  momentary 
gusts  of  popular  passion  than  this  ? 

"  We  cannot  be  blind  to  the  fact  that  often  an 
intelligent  and  respectable  electorate  may  be  so 
roused  upon  an  issue  that  it  will  visit  with  con- 
demnation the  decision  of  a  just  judge,  though 
exactly  in  accord  with  the  law  governing  the  case, 
merely  because  it  affects  unfavorably  their  contest. 
Controversies  over  elections,  labor  troubles,  racial 
or  religious  issues,  issues  as  to  the  construction  or 
constitutionality  of  liquor  laws,  criminal  trials  of 
popular  or  unpopular  defendants,  the  removal  of 


68  DIRECT  ELECTIONS 

county  seats,  suits  by  individuals  to  maintain  their 
constitutional  rights  in  obstruction  of  some  pop- 
ular improvement  —  these  and  many  other  cases 
could  be  cited  in  which  a  majority  of  a  district 
electorate  would  be  tempted  by  hasty  anger  to 
recall  a  conscientious  judge  if  the  opportunity 
were  open  all  the  time.  No  period  of  delay  is  in- 
terposed for  the  abatement  of  popular  feeling. 
The  Recall  is  devised  to  encourage  quick  action  and 
to  lead  the  people  to  strike  while  the  iron  is  hot. 
The  judge  is  treated  as  the  instrument  and  servant 
of  a  majority  of  the  people  and  subject  to  their 
momentary  will.  .  .  .  On  the  instant  of  an  unpop- 
ular ruling,  while  the  spirit  of  protest  has  not  had 
time  to  cool,  and  even  while  an  appeal  may  be 
pending  from  his  ruling  in  which  he  may  be  sus- 
tained, he  is  to  be  haled  before  the  electorate  as  a 
tribunal,  with  no  judicial  hearing,  evidence,  or 
defence,  and  thrown  out  of  office  and  disgraced  for 
life  because  he  has  failed,  in  a  single  decision,  it 
may  be,  to  satisfy  the  popular  demand. 

"  Think  of  the  opportunity  such  a  system  would 
give  to  unscrupulous  political  bosses  in  control  as 
they  have  been  in  control  not  only  of  conventions 
but  elections !  Think  of  the  enormous  power  for 
evil  given  to  the  sensational,  muckraking  portion 
of  the  press  in  rousing  prejudice  against  a  just 
judge  by  false  charges  and  insinuations  the  effect  of 
which  in  the  short  period  of  an  election  by  Recall  it 
would  be  impossible  for  him  to  meet  and  offset ! 


THE  RECALL  69 

"The  motive  it  would  offer  to  unscrupulous 
combinations  to  seek  to  control  politics  in  order 
to  control  the  judges  is  clear.  Those  would  profit 
by  the  Recall  who  have  the  best  opportunity  of 
arousing  the  majority  of  the  people  to  action  on  a 
sudden  impulse.  Are  they  likely  to  be  the  wisest 
or  the  best  people  in  a  community  ?  Do  they  not 
include  those  who  have  money  enough  to  employ 
the  firebrands  and  slanderers  in  a  community  and 
the  stirrers-up  of  social  hate?  Would  not  self- 
respecting  men  well  hesitate  to  accept  judicial 
office  with  such  a  sword  of  Damocles  hanging 
over  them?  What  kind  of  judgments  might  those 
on  the  unpopular  side  expect  from  courts  whose 
judges  must  make  their  decisions  under  such  legal- 
ized terrorism  ?  The  character  of  the  judges  would 
deteriorate  to  that  of  trimmers  and  timeservers, 
and  independent  judicial  action  would  be  a  thing 
of  the  past.  As  the  possibilities  of  such  a  system 
pass  in  review  is  it  too  much  to  characterize  it  as 
one  which  will  destroy  the  judiciary,  its  standing, 
and  its  influence  ? 

"  It  is  said  the  Recall  will  be  rarely  used.  If 
so,  it  will  be  rarely  needed.  Then  why  adopt  a 
system  so  full  of  danger  ?  But  it  is  a  mistake  to 
suppose  that  such  a  powerful  lever  for  influencing 
judicial  decisions  and  such  an  opportunity  for 
vengeance  because  of  adverse  ones,  will  be  allowed 
to  remain  unused."  ^ 

1  Text  in  Congressional  Record,  August  15,  1911. 


70  DIRECT  ELECTIONS 

Upon  the  reception  of  this  veto  Congress  im- 
mediately made  the  condition  precedent  to  admis- 
sion the  ratification  by  the  people  of  an  amend- 
ment to  the  Recall  article  with  the  insertion  of 
the  words  "  except  members  of  the  judiciary  " ; 
and  this  being  done,  Arizona  duly  entered  upon 
statehood,  in  February,  1912. 

Promptly,  however,  with  the  inauguration  of 
the  new  state  government  the  governor  proposed 
and  the  Legislature  approved  a  constitutional 
amendment  restoring  the  rejected  provision,  and 
this  goes  to  the  people  for  ratification  at  the  next 
general  election. 

IN   OTHER   STATES 

In  1911  Nevada  and  Idaho  took  the  prelimin- 
ary steps  toward  the  adoption  of  the  device,  and 
constitutional  amendments  embodying  it  go  to 
the  voters  in  each  State  for  ratification  or  rejec- 
tion in  the  election  of  November,  1912.  North 
Dakota  will  vote  upon  a  similar  amendment  in 
the  election  of  1914,  provided  the  measure  en- 
acted by  the  Legislature  of  1911  passes  that  of 
1913.  In  Wisconsin  a  proposed  amendment  has 
passed  one  Legislature.  The  Nevada  and  North 
Dakota  amendments  are  generally  copies  of  the 
Oregon  scheme.  ^  The  Idaho  ^  and  Wisconsin  ^ 
amendments  except  judicial  officers. 

1  Beard  and  Shultz,  "Documents,"  etc.,  Nevada,  p.  272; 
North  Dakota,  pp.  210,  221,  227. 

2  Same,  p.  271.  «  Oberholtzer,  p.  461. 


THE  RECALL  71 

MOVES   AGAINST   JUDGES 

Oregon,  true  to  her  leadership  in  the  establish- 
ment of  the  "  State-Wide  Kecall,"  was  the  first  to 
try  the  device  against  judges.  The  offender  in  the 
first  case  was  a  county  judge.  He  was  judge  of 
Lane  County,  and  was  proceeded  against,  in  1911, 
together  with  two  county  commissioners  and  the 
county  assessor,  "the  signatures  of  the  farmers 
being  obtained  while  they  were  celebrating  the 
Fourth  of  July."  The  grounds  for  removal  as 
given  in  the  petition  were  the  same  for  judge  and 
commissioners.  Each  was  pronounced  in  general 
to  be  incompetent  to  perform  the  duties  of  his 
office,  while  the  particular  offence  alleged  against 
each  was  failure  to  act  in  the  matter  of  road  con-' 
struction  according  to  the  "  expressed  wishes  "  of 
a  majority  of  the  taxpayers.  Each  had  "  wilfully 
ignored  the  expressed  choice  "  of  this  majority, 
"  in  the  several  road  districts  as  to  the  appoint- 
ment of  supervisors";  had  as  "wilfully,  and 
knowingly,"  named  "unsuitable  persons  to  fill 
these  offices  in  many  instances " ;  and  had  "  ut- 
terly ignored  "  this  majority's  demand  that  road 
construction  should  be  put  on  a  "  permanent  scien- 
tific basis "  through  the  issue  of  bonds  and  the 
elimination  of  this  item  from  the  assessments,  and 
so  reducing  the  tax  levy.^ 

In   the    other  case,  also  in  1911,  the   target 
was  a  circuit  judge — Judge  Coke.  He  had  pre- 
sided at  a  murder  trial   in   Douglas  County  at 
1  Oberholtzer,  pp.  468-469. 


72  DIRECT  ELECTIONS 

which  the  prisoner  was  acquitted,  to  the  dissatis- 
faction of  some  of  the  citizens.  Accordingly  they 
started  and  circulated  the  petition  for  his  Recall 
upon  these  grounds:  that  he  had  demonstrated 
his  "  gross  incompetency  and  unfairness"  by  giv- 
ing to  the  jury,  "  at  the  instance  and  request  of 
the  defendant's  attorneys,  unfair  and  erroneous 
instructions  as  to  the  law,  intended  to  bias  the 
jury  in  favor  of  the  defendant  and  secure  an  acquit- 
tal," while  at  the  same  time  refusing  to  give  the 
jurors  "  fair  and  legal  instructions  which  were 
asked  by  the  prosecution,"  which  course  had 
"  brought  about  the  defeat  of  the  ends  of  justice."  ^ 

PROGRESS   OF  THE  RECALL   IN  CITIES 

Washington  (State)  provided  for  the  Recall  in 
cities  by  special  laws,  and  in  1911  the  device  was 
brought  to  bear  upon  the  mayors  of  its  two  prin- 
cipal municipalities  —  Seattle  and  Tacoma.  In 
Seattle  the  campaign  was  even  more  spectacular 
than  the  pioneer  one  of  Los  Angeles  two  years 
before  ;  while  that  in  Tacoma  was  not  slow. 

In  Seattle,  as  provided  in  the  charter,  the  Recall 
may  be  invoked  against  any  elective  officer,  at  any 
time,  by  twenty-five  per  cent  of  the  voters.  The 
election  must  be  called  for  a  date  not  less  than 
forty  nor  more  than  fifty  days  from  the  filing  of 
the  petition.  The  name  of  the  officer  petitioned 
against  appears  on  the  ballot,  unless  he  refuses  to 
stand,  and  other  candidates  are  nominated  in  the 
i  Oberholtzer,  pp.  469-470. 


THE  RECALL  73 

usual  way.  A  plurality  vote  elects.  In  the  first 
Eecall  case  the  offending  mayor  was  Hiram  C. 
Gill — a  breezy  politician,  long  swinging  a  strong 
hand  in  local  affairs,  sometime  a  councilman  and 
latterly  the  strenuous  president  of  the  council,  out- 
spoken in  his  views  and  aggressive  in  advocating 
them,  and  frankly  friendly  to  the  theory  of  the 
"  open  town  "  but  under  restrictions.  He  had  been 
elected  by  a  small  majority  in  an  indifferent  cam- 
paign, except  by  his  partisans,  and  largely  on  an 
issue  of  police  regulations.  Upon  his  election 
Mayor  Gill  had  selected  a  chief  of  police  who  had 
held  the  office  under  a  previous  administration, 
and  not  with  renown.^  Scandals  resulted,  and  dele- 
gations of  citizens  repeatedly  demanded  the  chiefs 
removal.  But  the  mayor  stood  by  him  stoutly.  Fin- 
ally, the  Recall  was  invoked  against  the  mayor 
seven  months  after  his  inauguration.  The  petition 
was  circulated  for  signatures  throughout  the  city 
by  volunteer  canvassers.  The  mayor  was  not 
charged  with  participation  in  the  scandals,  or  with 
personal  corruption  ;  his  offence  lay  in  his  sustain- 
ing corrupt  officials.  Nearly  three  months  were 
spent  in  the  collection  of  signatures  before  the  re- 
quired ten  thousand  were  obtained.  The  opposi- 
tion nominated  their  candidate,  and  the  mayor 
stood  for  "  vindication."  A  month's  campaign,  hot 
and  extremely  personal,  followed.  The  opposition 
candidate  was  elected  by  a  fair  majority,  and 
Mayor  GiU  made  way  for  Mayor  Dilling.  In  this 

1  Burton  J.  Hendrick  in  McClure's  Magazine,  March,  1911. 


74  DIRECT  ELECTIONS 

election  women  voted  for  the  first  time  in  Wash- 
ington, —  the  franchise  having  been  given  them 
with  the  adoption  of  the  state  constitution  in  the 
regular  election  of  1910,  —  and  apparently  their 
vote  carried  the  Recall.  With  the  instalment  of 
Mayor  Billing  the  discredited  chief  of  police  at 
once  resigned,  and  latterly  he  was  indicted  on 
charges  of  *'  grafting  "  and  "  blackmailing,"  was 
convicted,  and  sentenced  to  the  penitentiary.^ 

Such  is  the  story  of  the  Recall  of  Mayor  Gill  of 
Seattle.  But  there  is  a  sequel  to  it.  When  Mayor 
Dilling  had  been  six  months  in  office  the  Recall 
machinery  was  set  in  motion  against  him,  insti- 
gated, in  part  at  least,  by  partisans  of  the  dethroned 
Gill.  Although  the  charges  against  Dilling  were 
indefinite,  signatures  to  the  petition  are  said  to 
have  been  obtained  with  ease.  Then  business  men 
of  the  city  entered  a  formal  protest  against  the 
procedure,  on  the  ground  that  such  constant  agita- 
tion of  politics  interrupted  the  prosperous  course 
of  business,  and  checked  the  city's  growth.  So 
Dilling  was  retained.  Six  months  later  came  the 
regular  nomination  primaries  for  city  officers  and, 
lo !  the  dethroned  Gill  was  found  heading  the  poll 
as  candidate  for  mayor  with  twelve  thousand  more 
votes  than  his  nearest  competitor.  In  the  election 
that  followed,  however,  he  was  defeated  by  a 
slender  majority  for  his  opponent  of  under  seven 
thousand.  The  votes  of  the  newly  enfranchised 
women  are  supposed  to  have  defeated  him. 

^  Hendrick,  pp.  658-663. 


THE  RECALL  75 

The  Recall  of  Tacoma's  mayor  —  in  April, 
1911  —  was  in  large  part  on  the  "  saloon"  issue, 
and  was  engineered  by  a  Welfare  League  organized 
for  the  occasion.  The  movement  originated,  how- 
ever, with  the  local  Labor  Council,  which  charged 
the  mayor  with  having  favored  both  non-union  and 
non-resident  labor  in  the  construction  of  public 
buildings,  and  placed  upon  the  city  council  the  re- 
sponsibility for  an  industrial  depression  prevailing 
at  that  time.^  The  mayor  and  his  four  fellow  com- 
missioners, constituting  the  city  council,  were  all 
petitioned  against  on  the  general  charge  of  "  gross 
incompetency  "  and  "  alliance  with  the  saloons.'* 
In  this  campaign  women  took  an  active  part  as 
well  as  in  the  voting.  Two  elections  were  necessary 
to  remove  Mayor  Fawcett.  At  the  first  there  were 
three  candidates  and  none  had  a  majority.  At  the 
second  the  mayor  had  but  one  competitor,  and  this 
candidate  was  elected  by  a  majority  of  less  than  a 
thousand.  Two  elections  were  also  necessary  in 
the  case  of  the  four  commissioners.  Finally,  two 
were  recalled,  while  the  other  two  held  their  places 
by  majorities,  in  round  numbers,  of  six  thousand 
and  twenty-four  hundred  respectively .^ 

The  same  season  —  the  spring  of  1911 — the 
Recall  was  directed  against  a  mayor  of  a  South 
Dakota  city — the  little  city  of  Huron.  Here,  as 
in  Tacoma,  the  removal  of  the  mayor  was  sought 
together  with  his  fellow  members  of  the  city  coun- 

1  H.  S.  Gilbertson,  "  The  Practice  of  the  Recall,"  in  "  Digest 
of  Short  Ballot  Charters,"  p.  21802.       «  Oberholtzer,  p.  467. 


76  DIRECT  ELECTIONS 

cil.  The  issue  turned  on  a  question  of  taxes.  The 
new  council  —  the  city's  first  commission  govern- 
ment —  had  provided  for  a  sinking-fund  to  meet 
outstanding  bonded  indebtedness,  which  meant  in- 
creased taxation.  The  petition  received  the  requis- 
ite number  of  signatures,  but  at  the  spring  election 
the  Recall  failed.^ 

Earlier,  several  Oregon  cities,  following  close 
upon  the  example  in  California,  had  worked  the 
device  against  their  mayors.  In  1909  the  mayor 
of  Junction  City,  charged  with  "  not  enforcing  the 
laws,"  was  ousted  by  it.  The  mayor  of  Ashland 
was  proceeded  against,  but  he  triumphantly  wea- 
thered the  storm  and  retained  his  office.  In  Port- 
land, in  1911,  it  was  successfully  brought  against 
a  member  of  the  city  council  on  the  alleged  ground 
of  "devotion  to  private  interests." ^ 

In  a  Texan  city  —  Dallas  —  it  was  employed  in 
1910  for  turning  out  aU  of  the  school  board  be- 
cause they  had  dismissed  two  teachers  apparently 
without  sufficient  cause.  In  1912  it  was  first  put 
in  operation  in  an  Eastern  State,  in  the  city  of 
Gardiner,  Maine.  Here  the  requisite  percentage 
of  voters  petitioned  for  the  removal  of  two  of  the 
three  commissioners  (the  first  under  a  commission 
form  of  government  —  comprising  a  mayor  and 
two  aldermen)  only  two  months  after  they  had 
taken  their  seats,  because  of  alleged  unfit  appoint- 
ments of  subordinate  officials.  At  the  March  elec- 

1  Gilbertson,  in  "  Digest,"  etc.,  p.  21807. 

2  Oberholteer,  pp.  467-468. 


THE  RECALL  77 

tion,  however,  the  two  successfully  ran  the  gauntlet 
with  fair  majorities. 

SUMMARY 

The  "State- Wide  Recall"  is  now  (spring  of 
1912)  established  in  constitutional  amendments 
in  the  States  of  Oregon,  California,  and  Ari- 
zona ;  and  is  embodied  in  amendments  pending  in 
Idaho,  Nevada,  and  North  Dakota.  In  Oregon, 
California,  Arizona  (subject  to  ratification  at  the 
next  election),  and  North  Dakota  it  is  made  appli- 
cable to  judges.  In  Idaho  judicial  officers  are  ex- 
pressly exempted.  It  was  proposed  in  Ohio,  to  in- 
clude the  judiciary,  for  adoption  by  the  state  con- 
stitutional convention  of  1912,  but  was  rejected 
(April  22)  by  that  body. 

The  establishment  of  the  device  in  municipali- 
ties, effected  with  great  rapidity,  is  country-wide. 
In  California,  South  Dakota,  Wyoming,  Kansas, 
Louisiana,  South  Carolina,  Iowa,  Minnesota,  Wis- 
consin, Illinois,  and  New  Jersey,  it  was  earliest  ex- 
tended to  municipal  corporations  by  general  laws. 
In  Washington,  Colorado,  and  Oklahoma,  as  well 
as  in  California,  its  use  is  authorized  in  "  home- 
rule  "  cities  incorporated  by  special  laws.  In  -six 
Pacific  States,  four  Rocky  Mountain  States,  five 
Southwestern,  six  Northwestern,  seven  Middle 
Western,  ten  Southern,  four  Middle,  and  six  New 
England  States  it  is  joined  hand  in  hand  with 
the  twin  Initiative  and  Referendum  in  most  of  the 
charters  of  cities  taking  on  the  commission  form 
of  government. 


Ill 

COMMISSION  GOVERNMENT  FOR  CITIES 

The  commission  form  of  government  for  muni- 
cipalities was  a  Southern  invention  and  designed  at 
first  to  meet  an  emergency.  It  originated  in  Galves- 
ton, Texas,  when  the  upbuilding  of  that  crippled 
city  of  some  30,000  inhabitants  was  to  be  taken  in 
hand  after  the  awful  havoc  wrought  by  the  great 
storm  and  tidal  wave  of  1900.  The  problem 
that  confronted  the  remaining  citizens  was  a  finan- 
cial one.  Extensive  and  costly  public  works  must 
be  undertaken  and  at  once.  But  the  city  was  heav- 
ily in  debt ;  its  credit  was  gone,  and  it  could  not 
borrow  a  dollar.  ^  Its  finances  had  long  been  badly 
mismanaged.  The  authorities  had  been  accustomed 
to  provide  for  annual  deficits  by  bonding  the  city ; 
and  in  this  way  alone  nearly  three  millions  of  debt 
had  been  accumulated  within  two  decades. ^  In 
other  respects  the  city  had  suffered  from  incom- 
petent and  distrusted  governments. 

Under  these  conditions  the  leading  citizens  met 
to  consider  the  best  course  to  pursue  for  the  city's 
regeneration.  A  peculiarity  of  Galveston  was  the 

^  Charles  W.  Eliot,  "Better  Municipal  Government,"  in 
''Digest  of  Short  Ballot  Charters,"  p.  21101. 

2  William  B.  Munro,  "  The  Galveston  Plan  of  City  Govern- 
ment," in  Woodruff,  "  City  Government  by  Commission,"  p.  47. 


COMMISSION  GOVERNMENT  FOR  CITIES   79 

holding  of  its  real  estate  by  a  few.  A  large  part 
of  the  property  is  said  to  have  been  owned  by  less 
than  a  score  of  persons.  Yet,  says  the  same  inform- 
ant, there  were  no  "  startlingly"  wealthy  men  in 
Galveston,  therefore  it  was  necessary  that  the  whole 
community  should  contribute  to  the  new  work,  and 
that  it  be  done  cheaply  as  weU  as  properly,  else  it 
would  ruin  the  people.  The  solution  of  the  prob- 
lem was  the  putting  of  the  city  in  the  hands  of  a 
kind  of  public  receivers  who  should  carry  it  through 
the  crisis.^  Thereupon  the  Commission  Govern- 
ment scheme  developed. 

The  framing  of  this  initial  commission  charter 
was  the  work  of  three  Galveston  lawyers.  Says 
Dr.  Charles  W.  Eliot,  "  One  of  them  told  me  how 
little  guidance  they  had.  They  procured  from 
Boston  the  amended  charter  [of  1885]  which  was 
then  about  fifteen  years  old ;  they  got  some  inform- 
ation about  the  evil  condition  of  things  in  New 
York;  they  learned  how  the  school  committee  of 
St.  Louis  had  been  reorganized  successfully,  being 
greatly  reduced  in  number,  made  independent  of 
the  city  council  as  regards  its  resources,  and  com- 
posed of  twelve  citizens  elected  at  large — three  at 
a  time — to  serve  four  years.  This  was  about  all 
the  guidance  they  had."  2  They  framed  their 
charter  based  on  the  principle  of  a  small  number 
of  officers  —  commissioners  —  in  place  of  the  old 

^  Albert  Bushnell  Hart,  "  Observations  on  Texas  Cities,"  in 
**  City  Government  by  Commission,"  p.  229. 
2  Dr.  Eliot,  ''Better  Municipal  Government." 


80  DIRECT  ELECTIONS 

order  of  mayor,  aldermen,  and  councilmen,  and 
heads  of  various  departments ;  and  it  was  author- 
ized by  the  Legislature  in  1901. 

This  first  "  Galveston  Plan,"  however,  was  not 
the  "straight"  commission  form  of  government. 
It  provided  for  five  commissioners,  three  appointed 
by  the  governor  of  the  State  and  two  elected  by 
the  citizens  of  Galveston.  And  it  did  not  long 
stand.  The  question  of  its  constitutionality  was 
raised,  and  the  Texas  Supreme  Court  sustained 
the  point  with  the  decision  that  certain  functions 
which  the  commissioners  had  been  authorized  to 
assume  could  not  be  exercised  except  by  elective 
ofiicers.i  Thereupon  an  amendatory  act,  making 
all  five  of  the  commissioners  elective,  was  sought 
and  obtained  from  the  Legislature  in  March, 
1903.  The  original  five,  however,  retained  their 
offices,  duly  elected  by  the  voters  of  the  city  at 
the  polls. 

THE  GALVESTON  MODEL 

The  features  of  this  second  charter  of  1903, 
as  the  scheme  upon  which  commission  systems 
later  adopted  were  based,  may  profitably  be  re- 
called in  detail. 

The  mayor  and  four  commissioners  collectively 
constitute  the  "Board  of  Commissioners  of  the 
City  of  Galveston,"  and  all  the  municipal  powers 
are  centred  in  them.  The  five  must  each  be  "  not 
less  than  twenty-five  years  of  age,  citizens  of  the 

1  Professor  Monro,  pp.  47-48. 


COMMISSION  GOVERNMENT  FOR  CITIES    81 

United  States,  and  for  five  years  immediately  pre- 
ceding their  election  residents  of  the  city."  Before 
entering  upon  the  duties  of  his  office  each  must 
give  bond  in  the  sum  of  $5000,  with  sureties,  for 
the  faithful  discharge  of  his  duty,  and  must  take 
an  oath,  in  addition  to  the  customary  one,  that  he 
is  "not  under  direct  or  indirect  obligation  to 
appoint  or  elect  any  person  to  any  office,  position, 
or  employment  under  said  government."  The  term 
of  each  is  two  years.  The  mayor  receives  an  an- 
nual salary  of  $2000,  the  other  four  commissioners 
each  $1200.  The  mayor  is  required  to  devote  "  at 
least  six  hours  a  day"  to  the  duties  of  his  office 
and  the  affairs  of  the  city.  He  has  the  title  of 
"Mayor-President,"  and  is  the  executive  officer, 
charged  with  seeing  that  all  the  laws  are  enforced. 
He  is  president  of  the  board,  and  has  the  right  to 
vote  as  a  member  on  all  questions  which  may 
arise,  but  he  has  no  right  of  veto.  The  commis- 
sioners by  majority  vote  of  all  the  members  ap- 
point all  officers  and  subordinates  in  all  depart- 
ments of  the  city.  Also  by  majority  vote  of  all, 
the  commissioners  designate  from  among  their 
number  one  to  be  known  as  "Police  and  Fire 
Commissioner,"  one  as  "Commissioner  of  Streets 
and  Public  Property,"  one,  "  Water- Works  and 
Sewerage  Commissioner,"  and  one,  "Commissioner 
of  Finance  and  Revenue."  Thus  a  single  member 
is  directly  responsible  for  the  administration  of 
each  department.  Regular  meetings  of  the  board 
are  to  be  held  at  least  once  a  week,  while  special 


82  DIRECT  ELECTIONS 

meetings  may  be  called  by  the  president,  or  by  any 
two  members,  at  any  time,  but  to  consider  only 
such  matters  as  shall  be  mentioned  in  the  call ; 
and  all  legislative  sessions,  whether  regular  or 
called,  are  to  be  open  to  the  public.  All  municipal 
ordinances  are  passed  by  a  majority  vote.  The 
budget  is  drawn  up  and  passed,  and  all  contracts 
are  awarded  by  the  board  as  a  whole.  Special  pro- 
visions are  made  and  conditions  imposed  as  to 
franchises ;  and  none  is  to  be  granted  for  a  longer 
period  than  fifty  years.  The  board  is  to  require  a 
report  to  be  published  quarterly  in  the  official 
newspaper  of  the  city,  showing  "a  full,  clear,  and 
complete  statement  of  all  taxes  and  other  rev- 
enues collected  and  expended  during  the  preced- 
ing quarter,  indicating  the  respective  sources  from 
which  the  moneys  are  derived,  and  also  indicating 
the  disposition  made  thereof."  In  case  of  vacancy 
from  any  cause  in  the  office  of  mayor  or  of  any 
commissioner,  such  vacancy  is  to  be  filled  by  the 
board  by  appointment  provided  the  next  regular 
election  is  not  more  than  ninety  days  off,  and  the 
person  so  appointed  must  "  possess  all  the  qualifi- 
cations "  required  by  the  charter  for  the  particular 
office ;  but  should  such  election  be  more  than  ninety 
days  off  the  vacancy  is  to  be  filled  by  a  special 
election.^ 

Other  Texas  cities  took  keen  interest  in  the 
Galveston   Plan,  attracted   by  its  newness,  and 

1  Chap.  37,  Laws  of  Texas,  1903.    Text,  essential  parts,  in 
"  Digest  of  Short  Ballot  Charters,"  pp.  51001-61015. 


COMMISSION  GOVERNMENT  FOR  CITIES   83 

shortly  commission  government  became  quite  a 
Texan  fashion.  Houston,  the  third  largest  city  in 
the  State  (population  78,800,  Census  of  1910) 
led  off  with  an  "  Improved  Plan,"  which  was 
amicably  formulated  by  a  committee  of  the  old 
city  government  in  joint  session  with  a  citizens* 
committee,  and  passed  the  Legislature  in  1905. 


Houston's  "impkoved  plan" 

This  scheme  differs  from  the  Galveston  Plan 
in  several  particulars.  The  governing  body  is 
designated  the  city  council,  instead  of  board  of 
commissioners,  and  comprises  a  mayor  and  four 
aldermen.  The  five  are  to  be  elected  at  large. 
Eligibility  includes,  besides  the  requirements 
named  in  the  Galveston  Plan  (except  as  to  limit 
of  age),  ownership  of  real  estate  in  the  city  for 
at  least  two  years  prior  to  election.  The  mayor  is 
the  chief  executive  and  administrative  officer,  and 
is  given  larger  powers  than  in  the  Galveston 
Plan.  He  is  to  appoint,  subject  to  confirmation 
by  the  council,  the  heads  of  departments  created 
by  ordinance  ;  and  he  may  remove  all  officers  (ex- 
cept the  controller)  and  employees  in  the  city's 
service,  "  for  cause,  whenever  in  his  judgment  the 
public  interests  demand  or  will  be  better  sub- 
served thereby."  The  counsel  is  given  the  same 
power  of  removal  "  for  cause."  In  case  of  such 
removal,  however,  by  either  mayor  or  council,  if 
the  officer  or   employee   requests   it,  a  written 


84  DIRECT  ELECTIONS 

statement  of  the  reason  for  the  act  must  be  filed 
in  the  public  archives  of  the  city.  The  mayor  is 
provided  with  the  veto  power,  which  he  may  ex- 
ercise against  ordinances,  resolutions,  or  motions 
of  the  council,  and  also  against  acts  of  the  school 
board  by  which  any  pecuniary  liability  is  incurred. 
Acts  of  the  council  vetoed  may  be  passed  over  the 
veto  by  a  majority  vote :  and  the  mayor  is  not  to 
be  deprived  of  his  right  to  vote  as  a  member  of 
the  council  by  reason  of  his  veto.  An  act  of  the 
school  board  may  be  passed  over  a  veto  by  an 
affirmative  vote  of  at  least  five  members.  The 
mayor  may  be  removed  from  office  by  a  majority 
vote  of  all  the  aldermen,  "  in  case  of  misconduct, 
inability,  or  wilful  neglect  in  the  performance  of 
his  duties  "  ;  but  he  has  the  right  to  be  heard  in 
his  defence,  and  to  have  process  issued  to  compel 
the  attendance  and  testimony  of  witnesses.  The 
hearing  is  to  be  public,  and  a  full  statement  of 
the  reasons  for  removal,  together  with  the  find- 
ings of  facts  as  made  by  the  council,  is  to  be  filed 
in  the  public  archives.  Any  aldermen  may  also 
be  removed  by  majority  vote  of  the  council,  "for 
inattention  to  the  affairs  of  the  city,  misconduct, 
or  any  grounds  sufficient  in  the  judgment  of  the 
council  for  removal.'*  The  salary  of  the  mayor  is 
fixed  at  $4000  per  annum,  the  salaries  of  the 
aldermen,  at  $2400.  The  mayor  and  aldermen 
must  devote  their  whole  time  to  the  service  of 
the  city.  The  term  of  office  is  two  years.  The 
city  controller  is  the  chief  fiscal  officer  of  the 


COMMISSION  GOVERNMENT  FOR  CITIES  85 

city  and  is  elected  by  the  council.  He  is  to 
be  prepared  to  report  at  any  time  on  the  state  of 
the  city's  finances.  He  can  be  removed  only  by 
impeachment  proceedings  of  the  council.  As  in 
the  Galveston  Plan,  definite  provisions  are  made 
with  respect  to  franchises.  The  council  is  em- 
powered by  ordinance  to  fix  and  regulate  the 
rates  of  public  utilities.  No  grant  of  any  fran- 
chise is  to  be  made  for  a  longer  period  than  thirty 
years,  unless  the  question  is  submitted  to  the 
qualified  voters  of  the  city,  the  expense  of  such 
election  to  be  borne  by  the  applicant  for  the  fran- 
chise. If  a  majority  of  the  votes  cast  should  be  in 
favor  of  making  the  grant,  it  is  to  be  made,  but 
not  for  more  than  fifty  years.  The  council  may 
also  upon  its  own  motion  submit  all  applications 
or  ordinances  requesting  the  granting  of  fran- 
chises or  special  privileges,  to  the  voters  for  ap- 
proval or  disapproval,  the  election  at  the  expense 
of  the  applicant  or  applicants.  A  Referendum  of 
any  proposed  franchise  granting  special  privileges 
must  be  called,  within  a  specified  time  after  the 
proposal  or  passage  of  the  ordinance,  if  requested 
by  petition  signed  by  five  hundred  qualified  voters 
of  the  city.  The  ordinance  is  to  be  published  in 
full  in  the  call  for  the  election,  and  if  a  majority 
of  the  votes  cast  approve,  the  grant  is  made ; 
otherwise  it  fails.  Political  parties  are  recognized 
in  the  primary  elections.^ 

1  Chap.  17,  Texas  Special  Laws,  of  1905.  Essential  parts  in 
"  Digest  of  Short  Ballot  Charters,"  p.  51101. 


86  DIRECT  ELECTIONS 

EXPANDING   THE   SYSTEM 

In  1906  and  1907  four  cities  —  Fort  Worth 
(population,  Census  of  1910,  73,302),  Beaumont 
(20,640),  Denison  (15,682),  and  Dallas  (92,104) 
—  took  on  the  new  system  with  charters  differing 
in  details,  but  containing  the  same  main  prin- 
ciples ;  while  one,  San  Antonio,  the  largest  city 
in  the  State  (96,614)  rejected  it,  when  offered, 
by  the  popular  vote. 

The  Fort  Worth  charter  first  took  on  the  Re- 
ferendum for  general  service,  and  also  the  Recall. 
Both  were  to  operate  upon  petition  of  twenty  per 
cent  of  the  total  of  qualified  voters.  Another 
peculiarity  of  this  charter  was  in  the  establish- 
ment of  a  board  of  commissions,  four  in  number, 
not  including  the  mayor.  The  mayor  designates 
the  departments  to  the  direction  and  control  of 
which  each  commission  is  assigned,  and  he  pre- 
sides at  the  meetings  of  the  board.  The  assessor, 
collector  of  taxes,  and  city  attorney  are  all  elect- 
ive officers.^  Beaumont's  charter  installed  a  com- 
mission—  or  city  council  as  termed  —  of  seven. 
It  comprises  a  mayor  and  two  commissioners  from 
each  ward,  but  elected  at  large.^  Denison  was 
content  with  a  council  of  three  members  including 
the  mayor :  the  mayor  with  the  veto  power,  to 
make  the  appointments,  and  empowered  to  re- 
move at  any  time  ;  and  the  three  subject  to  Recall 
upon  a  twenty  per  cent  petition.^ 

1  "  Digest  of  Short  Ballot  Charters,"  p.  86009. 

2  Same,  p.  36011.  »  Same,  p.  36013. 


COMMISSION  GOVERNMENT  FOR  CITIES  87 

THE   DALLAS   VARIETY 

Dallas  appeared  with  the  establishment  of  five 
commissioners  including  the  mayor,  and  aU  of  the 
three  devices  installed.  Provision  is  made  in  this 
charter  for  party  and  independent  nominations. 
Independent  candidates  secure  place  upon  the  bal- 
lot by  filing  a  petition,  in  each  case  signed  by  one 
hundred  voters.  Candidates  for  the  mayoralty  and 
for  the  commissionerships  are  voted  for  separately. 
The  latter  are  designated  "  Commissioner  No.  1,'* 
"  Commissioner  No.  2,"  and  so  on,  and  the  candi- 
dates, names  against  one  or  another  in  accordance 
with  the  written  request  which  each  candidate  files 
with  the  nominating  petition.  The  mayor  receives 
a  salary  of  14000,  the  other  commissioners,  83000; 
and  all  must  give  their  whole  time  to  the  city's  serv- 
ice. The  mayor  is  ex-officio  president  of  the  board. 
He  has  the  veto  power  and  may  vote,  as  a  member, 
upon  the  question  of  sustaining  his  veto.  Appoint- 
ments are  nominated  by  him,  subject  to  confirma- 
tion by  the  board.  The  members  of  the  commission, 
however,  designate  the  departments  which  each  is 
to  manage  and  be  responsible  for.  The  Initiative 
is  to  be  exercised  by  fifteen  per  cent  of  the  number 
of  voters  if  the  matter  is  for  a  special  election,  or 
five  per  cent  if  for  the  general  election.  The  Refer- 
endum, to  be  invoked  by  fifteen  per  cent  for  either 
a  special  or  a  general  election ;  the  Recall,  by  a 
thirty-five  per  cent  petition.  A  petition  of  five  hun- 
dred votes  calls  for  the  submission  of  any  proposed 
franchise  to  the  popular  vote.  AU  franchises  are 


88  DIRECT  ELECTIONS 

limited  to  twenty  years.  An  innovation  in  this 
charter  is  provision  for  the  letting  of  the  office  of 
city  treasurer  "  to  the  highest  and  best  bidder  in 
the  discretion  of  the  board  of  commissioners."  ^ 
The  bidders  are  banks,  and  the  contract  goes  to  the 
bank  which  offers  the  largest  interest  on  city  de- 
posits, the  treasurer  being  the  city  depository .2 
Another  novel  feature  is  the  establishment  of  the 
several  banks  in  the  city  as  a  nominating  board,  to 
name  the  candidate  for  city  auditor,  which  is  done 
by  majority  vote. 

SPREADING   TO   OTHER   STATES 

By  1907  also  the  scheme  had  spread  to  other 
States.  That  year  it  was  adopted  by  the  small  city 
of  Lewiston,  in  Idaho,  and  was  enacted  in  laws  by 
the  Legislatures  of  North  Dakota,  Kansas,  and 
Iowa.  The  Lewiston  charter  embraced  the  RecaU, 
twenty-five  per  cent  of  the  voters  being  authorized 
to  petition  for  an  election  to  remove  "  any  elective 
officer."  3  The  North  Dakota  statute  permitted 
cities  of  not  less  than  2000  inhabitants  to  adopt 
the  new  form  by  popular  vote,  the  question  of  adop- 
tion to  be  submitted  on  petition  of  ten  per  cent  of 
the  electorate.  The  Kansas  statute  extended  the 
privilege  to  cities  of  the  first  class.^  The  Iowa  law 
was  applicable  to  cities  of  25,000  population  or  over 

1  "  Digest  of  Short  Ballot  Chapters,"  p.  36007. 

*  Woodruff,  "  City  Government  by  Commission,"  p.  115,  note. 
'  Oberholtzer,  p.  467  (Idaho  Session  Laws),  1907. 

*  "  Digest  of  Short  Ballot  Charters,"  p.  35401. 
6  Same,  p.  34501. 


COMMISSION  GOVERNMENT  FOR  CITIES  89 

(later,  however, —  in  1909, — amended  to  embrace 
smaller  cities),  the  question  to  be  submitted  upon 
petition  of  twenty-five  per  cent  of  the  votes  cast  at 
the  preceding  municipal  election. 

This  statute,  and  an  amending  act  of  March  30, 
1909,^  embodied  the  so-called  Des  Moines  Plan 
which  promotors  of  the  system  generally  endorsed, 
and  recommended  to  the  country,  as  the  "  best  and 
most  improved  model."  The  city  of  Des  Moines 
(population,  Census  of  1910,  86,368)  adapted  it 
in  1908. 

THE  DES  MOINES   PLAN 

The  Des  Moines  Plan  establishes  a  government, 
under  the  title  of  council,  comprising  a  mayor  and 
four  councilmen  for  cities  having  a  population  of 
25,000  and  upward,  and  three,  including  the  mayor, 
for  smaller  cities ;  and  adopts  the  Initiative,  the 
Referendum,  and  the  Recall,  the  Referendum  com- 
pulsory on  aU  grants  of  franchises.  The  council  and 
its  members  are  vested  with  all  executive,  legisla- 
tive, and  judicial  powers  and  duties  which  under 
the  old  order  fell  to  the  mayor,  city  council,  and 
various  city  officers,  boards,  commissioners,  and 
trustees.  In  the  distribution  of  administrative  work 
the  mayor  is  given  the  superintendence  of  public 
affairs,  while  the  other  departments,  each  assigned 
to  a  councilman,  are :  accounts  and  finance,  public 
safety,  streets  and  public  improvements,  parks  and 

1  Chap.  48,  Iowa  Laws  of  1907 ;  chap.  64,  chap.  65,  Laws  of 

1909. 


90  DIRECT  ELECTIONS 

public  property:  the  designation  being  by  the 
council  by  majority  vote.  The  mayor  is  president 
of  the  council.  He  is  to  supervise  all  departments 
and  report  to  the  council  for  action  all  matters  re- 
quiring attention  in  any  of  them;  but  he  has  no  veto 
power.  The  councilman  assigned  to  the  department 
of  accounts  and  finance  is  vice-president  of  the  coun- 
cil ;  and  in  case  of  vacancy  in  the  office  of  mayor  he 
is  to  perform  the  duties  of  that  office. 

The  council  appoints,  by  majority  vote,  the  city 
clerk,  assessor,  treasurer,  auditor,  civil  engineer, 
city  physician,  marshal,  chief  of  fire  department, 
market-master,  street  commissioner,  library  trus- 
tees, and  such  other  officers  and  assistants  as  are 
provided  for  by  ordinance  (in  cities  of  25,000  popu- 
lation or  over);  and  has  power  of  removal  for  cause. 
The  council  is  further  empowered,  from  time  to 
time,  to  create  and  discontinue  officers  and  employ- 
ments, other  than  prescribed,  according  to  its  judg- 
ment of  the  needs  of  the  city.  A  board  of  city  civil 
service  commissions  is  provided  for,  to  be  appointed 
by  the  council,  and  the  civil  service  provisions  apply 
to  all  appointive  officials  and  employees,  except  the 
general  officials  acting  under  the  immediate  super- 
vision of  the  councilmen  in  charge  of  departments, 
election  officials,  and  the  mayor's  secretary  and 
assistant  solicitor. 

Every  motion,  resolution,  or  ordinance  made  or 
proposed  in  the  council  must  be  in  writing  and  be 
read  before  the  vote  is  taken  thereon ;  and  the 
vote  must  be  by  yeas  and  nays.    Every  ordinance 


COMMISSION  GOVERNMENT  FOR  CITIES  91 

or  resolution  appropriating  money;  or  ordering 
any  street  improvement  or  sewer ;  or  making  or 
authorizing  the  making  of  any  contract ;  or  grant- 
ing any  franchise  or  right  to  occupy  or  use  the 
streets,  highways,  bridges,  or  public  places  in  the 
city  for  any  purpose,  must  remain  on  file  with  the 
city  clerk  for  public  inspection  at  least  one  week 
before  its  final  adoption.  No  ordinance  passed  by 
the  council,  except  when  otherwise  required  by  the 
general  laws  of  the  State,  and  emergency  acts, — 
for  the  immediate  preservation  of  the  public  peace, 
health,  and  safety  (which  must  have  a  two-thirds 
vote),  —  is  to  go  into  effect  before  ten  days  from 
the  time  of  its  final  passage.  If  during  that  time 
a  petition,  signed  by  electors  of  the  city  equal  in 
number  to  at  least  twenty-five  per  cent  of  the 
whole  vote  cast  for  all  candidates  for  mayor  at 
the  last  preceding  general  municipal  election  at 
which  a  mayor  was  elected,  protesting  against  the 
passage  of  such  ordinance,  be  presented  to  the 
council,  it  is  thereupon  suspended  from  going  into 
operation,  and  the  council  must  reconsider  it.  If 
it  be  not  entirely  repealed,  then  the  council  must 
submit  it  to  the  vote  of  the  electors,  either  at  a 
general  or  a  special  municipal  election  to  be  called 
for  the  purpose ;  and  it  shall  not  go  into  effect 
unless  a  majority  of  those  voting  approve  it. 

Any  proposed  ordinance  may  be  submitted  to 
the  council  by  the  Initiative.  If  the  petition  accom- 
panying the  measure  be  signed  by  electors  equal 
in  number  to  twenty-five  per  cent  of  the  votes  cast 


92  DIRECT  ELECTIONS 

for  all  candidates  for  mayor  at  the  last  preced- 
ing general  election,  and  contains  a  request  that  it 
be  submitted  to  a  vote  of  the  people  if  not  passed 
by  the  council,  the  council  shall  either:  (a)  pass 
the  ordinance  without  alteration  within  twenty 
days  after  attachment  of  the  clerk's  certificate  to 
the  accompanying  petition ;  or  (6)  forthwith,  after 
the  clerk  attaches  his  certificate,  call  a  special 
election,  unless  a  general  municipal  election  is  to 
come  within  ninety  days,  and  submit  the  proposed 
ordinance  at  such  special  or  general  election.  If, 
however,  the  petition  is  signed  by  not  less  than 
ten  nor  more  than  twenty-five  per  cent,  the  coun- 
cil shall  within  twenty  days  pass  the  measure  with- 
out change,  or  submit  it  at  the  next  general  city 
election  occurring  not  more  than  thirty  days  after 
the  clerk's  certificate  of  sufficiency  is  attached.  A 
majority  of  the  electors  voting  on  the  measure 
favoring  it,  it  becomes  a  valid  and  binding  ord- 
inance of  the  city,  and  cannot  be  repealed  or 
amended  except  by  a  vote  of  the  people.  Any 
number  of  proposed  ordinances  may  be  voted 
upon  at  the  same  election,  but  there  must  not  be 
more  than  one  special  election  in  any  period  of 
six  months  for  such  purpose.  The  council  may 
submit  a  proposition  for  the  repeal  of  any  such 
ordinance  or  amendments  thereto,  to  be  voted 
upon  at  any  succeeding  general  city  election ;  and 
should  such  proposition  so  submitted  receive  a 
majority  of  the  votes  cast  thereon  the  ordinance 
is  repealed  or  amended  accordingly.  In  every  case 


COMMISSION  GOVERNMENT  FOR  CITIES  93 

the  ordinance  or  proposition  to  be  voted  upon  is 
to  be  published  in  the  newspapers  not  more  than 
twenty  or  less  than  five  days  before  the  submis- 
sion. 

Publicity  of  administrative  work  is  further  pro- 
vided for  by  the  requirement  that  the  council  shall 
each  month  print  in  pamphlet  form  a  detailed 
itemized  statement  of  aU  receipts  and  expenses  of 
the  city,  and  a  summary  of  its  proceedings  during 
the  preceding  month,  copies  of  which  are  to  be 
furnished  the  state  and  city  libraries,  the  daily 
newspapers,  and  citizens  applying  therefor.  Also, 
at  the  end  of  each  year  a  complete  examination  of 
all  the  city's  books  and  accounts  is  to  be  made  by 
competent  accountants,  and  the  result  published  in 
the  same  manner  as  provided  for  the  publication 
of  the  monthly  fiscal  statements. 

The  general  principle  is  laid  down  that  all  the 
officers  and  employees  of  the  city  "  shall  be  elected 
or  appointed  with  reference  to  their  qualification 
and  fitness  and  for  the  good  of  the  public  service, 
and  without  reference  to  their  political  faith  or 
party  affiliations." 

It  is  made  unlawful  for  any  candidate  for  office, 
or  any  officer,  directly  or  indirectly,  to  give  or 
promise  any  person  or  persons  any  office,  position, 
employment,  benefit,  or  anything  of  value,  for  the 
purpose  of  influencing  or  obtaining  the  political 
support,  aid,  or  vote  of  any  person  or  persons. 
Any  officer  or  employee  who,  by  solicitation  or 
otherwise,  shall  exert  his  influence,  directly  or  in» 


94  DIRECT  ELECTIONS 

directly,  to  influence  other  officers  or  employees 
of  the  city  to  adopt  his  political  views,  or  to  favor 
any  particular  person  or  candidate  for  office,  or 
who  shall  in  any  manner  contribute  money,  labor, 
or  other  valuable  things  to  any  person  for  election 
purposes,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  be  punishable  by  fine  or  imprison- 
ment in  the  county  jail.  No  officer  or  employee, 
elected  or  appointed,  can  be  interested,  directly  or 
indirectly,  in  any  contract  or  job  for  work  or  ma- 
terials, or  the  profits  thereof,  or  services  to  be 
furnished  or  performed  for  the  city;  or  in  any 
contract  or  job,  for  work  or  materials  to  be  furn- 
ished, or  services  to  be  performed,  for  any  per- 
son, firm,  or  corporation  operating  any  public 
utility  within  the  territorial  limits  of  the  city. 
Nor  shall  any  such  officer  or  employee  (except 
policemen  or  firemen  in  uniform)  accept  or  re- 
ceive, directly  or  indirectly,  from  any  person,  firm, 
or  corporation  operating,  within  the  territorial 
limits,  any  public  utility  or  other  business  under 
a  public  franchise,  any  frank,  free  ticket  or  free 
service,  or  any  other  service,  upon  terms  more 
favorable  than  those  granted  to  the  public  gen- 
erally. 

Practically  two  elections  are  provided  for:  a 
primary  election  for  nominations,  and  the  regular 
election,  a  fortnight  after.  Any  qualified  voter 
may  become  a  candidate  for  mayor  or  councilman 
by  filing  a  statement  of  his  candidacy  at  least  ten 
days  prior  to  the  primary  election,  together  with 


COMMISSION  GOVERNMENT  FOR  CITIES  96 

a  petition  signed  by  at  least  twenty-five  qualified 
voters  requesting  such  candidacy.  Each  petition 
must  be  verified  by  one  or  more  persons  as  to  the 
qualifications  and  residence,  with  street  and  num- 
ber of  each  of  the  signers.  Immediately  after  the 
expiration  of  the  time  for  filing  the  statement  and 
petitions,  the  candidates  as  they  are  to  appear  on 
the  primary  ballots  are  to  be  published  in  the  news- 
papers. The  names  of  the  candidates  for  mayor, 
arranged  alphabetically,  head  the  ballot,  with  a 
square  at  the  left  of  each  name  for  the  voter's 
cross,  and  below  the  names  the  words  "  Vote  for 
One  "  ;  those  for  councilman,  likewise  in  alphabet- 
ical order,  follow,  with  the  square  against  each, 
and  the  words  below,  "  Vote  for  Four,"  or  "  Two," 
as  the  case  may  be.  No  party  designation,  or  mark, 
whatever  is  permitted  to  appear  on  the  ballot.  All 
who  are  qualified  to  vote  at  the  general  election 
are  qualified  to  vote  at  the  primary. 

Returns  of  the  votes  cast  are  to  be  made  to  the 
city  clerk  within  six  hours  of  closing  the  polls, ^ 
and  the  following  day  the  clerk  is  to  canvass  them 
— the  canvass  to  be  publicly  made  —  and  publish 
the  result  in  all  the  newspapers  of  the  city.  .The 
two  candidates  receiving  the  highest  number  of 
votes  for  mayor  are  to  be  the  candidates,  and  the 
only  candidates,  whose  names  are  to  be  placed  on 
the  ballot  for  mayor  at  the  succeeding  general  elec- 
tion, and  the  eight  (or  four,  as  the  case  may  be) 

1  This  seems  a  short  time  for  a  large  precinct  for  careful  count- 
ing. —  Eds. 


96  DIRECT  ELECTIONS 

receiving  the  highest  number  of  votes  for  council- 
man, are  to  be  the  only  candidates  to  appear  there- 
on for  councilman. 

Any  person  offering  to  give  a  bribe,  either  in 
money  or  other  consideration,  to  any  voter  for  the 
purpose  of  influencing  his  vote,  or  any  voter  re- 
ceiving or  accepting  such  bribe,  is  subject,  upon 
conviction,  to  a  maximum  fine  of  five  hundred 
dollars  and  imprisonment  in  jail  not  less  than  ten 
days  nor  more  than  ninety  days.  Every  elective 
officer  is  required,  within  thirty  days  after  quali- 
fying, to  file  with  the  city  clerk  and  publish  in  a 
newspaper  his  own  statement  of  all  his  election 
and  campaign  expenses,  and  by  whom  such  funds 
were  contributed.  Any  violation  of  this  provision 
13  made  a  misdemeanor  and  ground  for  removal 
from  office. 

The  Recall  is  to  be  evoked  by  petition  signed 
by  electors,  entitled  to  vote  for  a  successor  to  the 
incumbent  sought  to  be  removed,  equal  in  number 
to  at  least  twenty-five  per  cent  of  the  whole  vote 
for  all  candidates  for  mayor  at  the  last  preceding 
general  municipal  election  ;  and  the  procedure  is 
the  same  as  that  provided  in  the  Los  Angeles, 
California,  charter  of  1902-1903,  the  Recall  sec- 
tion of  which  is  copied.  ^  ^ 

The  term  of  the  commission  governments  under 
the  Iowa  act  is  two  years.  In  Des  Moines  the 

*  Ante,  p.  51. 

2  Chap.  48,  Laws  of  Iowa,  1907.  Chap.  65,  Laws,  1909.  Text 
also  in  "  Digest,"  etc.,  pp.  51201-51211. 


COMMISSION  GOVERNMENT  FOR  CITIES  97 

mayor  receives  a  salary  of  $3500,  the  councilmen, 
$3000  each.  Their  whole  time  is  required  for  the 
city's  service.  No  provision  as  to  time  to  be  given, 
however,  is  made  in  the  state  law.  The  act  has  thus 
far  (spring  of  1912)  been  adopted  by  the  cities  of 
Des  Moines,  Cedar  Rapids,  Burlington,  Davenport, 
Fort  Dodge,  Keokuk,  Marshalltown,  and  Sioux 
City. 

RAPID  SPREAD  OF  THE  SCHEME 

In  1908  and  1909  the  scheme  spread  rapidly, 
and  into  various  parts  of  the  country.  Early  in 
1908  the  Mississippi  Legislature  passed  an  act 
giving  all  cities  of  that  State  an  option  of  coming 
under  a  commission  government  law  providing 
for  an  alderman ic  body  of  three  or  five  members 
elected  at  large,  one  member  to  be  voted  for  as 
mayor.  The  new  form  was  made  subject  to  adop- 
tion by  popular  vote  upon  petition  of  ten  per  cent 
of  the  voters  of  the  municipality.^  The  same  sea- 
son the  scheme  had  effected  lodgment  in  the  East, 
the  General  Court  of  Massachusetts  passing  en- 
abling acts  for  its  adoption  by  the  cities  of 
Gloucester  and  Haverhill.  The  Gloucester  com- 
mission charter  included  the  Initiative  and  the 
Referendum,  but  not  the  Recall ;  the  Haverhill 
act,  the  Initiative  and  the  RecaU,  but  not  the  Re- 
ferendum. The  organization  in  each  comprises 
five  commissioners  including  the  mayor,  under  the 
title  of  the  municipal  council.  In  neither  has  the 

1  "  Digest  of  Short  Ballot  Charters,"  p.  36401. 


98  DIRECT  ELECTIONS 

mayor  the  veto  power.  In  Gloucester  lie  votes  at 
meetings  of  the  council.^ 

In  1909  a  Kansas  statute  provided  for  the  adop- 
tion of  a  specified  form  (including  the  Initiative, 
Referendum,  and  Recall)  by  cities  of  the  second 
class  —  those  having  from  2000  to  15,000  popu- 
lation.^ The  Minnesota  Legislature  passed  a  home- 
rule  statute  by  which  provision  was  made  for  the 
establishment  of  the  commission  form  and  non- 
partisan primaries.^  The  Michigan  Legislature 
also  authorized  the  adoption  of  the  new  form  by 
a  home-rule  law.*  The  Wisconsin  Legislature  made 
it  applicable  to  cities  of  the  second,  third,  and 
fourth  classes,  upon  adoption  by  the  people  of  the 
municipality,  the  petition  for  submission  to  be  by 
twenty-five  per  cent  of  the  voters.^  The  South 
Dakota  Legislature  created  a  new  class  of  cities 
to  be  known  as  cities  under  commission,  with  an  en- 
abling act  permitting  any  city  of  the  first,  second, 
or  third  class  to  adopt  the  commission  form  includ- 
ing the  Initiative,  Referendum,  and  Recall.^  A  New 
Mexico  commission  statute  was  passed  providing 
alternative  commission  forms  for  cities  of  over 
2000  population,  and  enabling  any  city  to  adoi)t 
either  form  by  popular  vote,  the  petition  for  sub- 
mission to  be  signed  by  500  voters.^  The  Texas 
Legislature  authorized  cities  of  10,000  population, 

^  Chapters,  Acts  and  Resolves,  Massachusetts,  1908.  Also  out- 
lined in  "  Digest,"  etc.,  pp.  31001,  31003. 

a  "  Digest,"  etc.,  p.  34503.  »  Same,  p.  35201. 

*  Same,  p.  35001.  ^  game,  p.  35101. 

«  Same,  p.  35501.  '  Same,  p.  37201. 


COMMISSION  GOVERNMENT  FOR  CITIES  99 

whether  incorporated  or  unincorporated,  to  adopt 
the  system  by  popular  vote.^ 

Also  in  1909  three  more  Texas  cities  —  Austin, 
Corpus  Christi,  and  Greenville  —  took  on  the  sys- 
tem, following  in  the  main  the  Dallas  plan.  An- 
other Massachusetts  city  —  Taunton  —  adopted  it, 
following  the  Des  Moines  model,  but  without  the 
Initiative,  Referendum,  and  Recall.  Two  "West 
Virginian  cities — Huntington  and  Bluefield  — 
adopted  it  with  an  added  novel  feature  of  their 
own:  —  a  citizens'  board,  composed  of  members 
from  each  ward,  nominated  by  party  convention, 
primary,  or  petition,  and  elected  by  wards,  having 
the  power  of  veto,  by  majority  vote,  upon  all  fran- 
chises or  ordinances  passed  by  the  commissioners, 
and  also  right  to  exercise  the  Recall,  by  a  two- 
thirds  vote,  after  a  hearing  on  the  charges  filed 
against  the  official  sought  to  be  removed. 2  Two 
more  Southern  cities  adopted  it.  High  Point,  North 
Carolina,  making  the  number  of  commissioners 
nine ;  ^  and  Memphis,  Tennessee,  —  the  largest  city 
(population  131,105)  thus  far  trying  it,  —  but 
without  the  Initiative,  Referendums  and  Recall ;  * 
three  Oklahoma  cities  —  Tulsa,  Ardmore,  Enid ;  ^ 
two  Colorado  cities — Colorado  Springs  and  Grand 
Junction,^  the  latter  introducing  a  system  of  Pre- 

1  "  Digest,"  etc.,  p.  36021.       «  Same,  pp.  33201,  33202. 

8  Same,  p.  33301.  *  Same,  p.  33801. 

6  Same,  pp.  36101,  36103,  36105. 

6  Same,  pp.  37001, 37002,  Charters :  Colorado  Springs,  p.  51401, 
Grand  Junction,  p.  51501.  See  "  Preferential  Voting,"  chap,  iv, 
this  book,  p.  120,  post. 


100  DIRECT  ELECTIONS 

f erentlal  Voting ;  two  California  cities  —  San  Diego 
and  Berkeley  ;i  one  Washington  city — Tacoma.* 
At  the  close  o£  1909  fifty  cities  were  reported  as 
operating  or  ready  to  operate  under  the  system.^ 

In  1910  South  Carolina,  Kentucky,  Illinois, 
and  Louisiana  adopted  enabling  acts.  The  South 
Carolina  statute  made  the  system  (including  the 
Initiative,  Referendum,  and  Recall)  applicable  to 
cities  of  between  20,000  and  60,000  population, 
upon  adoption  by  the  popular  vote,  called  for  by 
a  twenty-five  per  cent  petition.*  The  city  of  Co- 
lumbia was  the  first  to  adopt  the  act.  The  Ken- 
tucky statute  extended  the  system  to  cities  of  the 
second  class,  upon  popular  vote,  also  called  for  by 
twenty-five  per  cent  of  the  voters.^  The  city  of 
Newport  led  off  with  the  adoption  of  this  law. 
The  Illinois  statute  enabled  any  municipality  oper- 
ating under  the  general  city  act  (1872),  having  a 
population  not  exceeding  200,000,  to  adopt  the 
system  by  popular  vote,  upon  a  petition  of  ten  per 
cent  of  the  votes  cast  for  mayor  at  the  last  preced- 
ing municipal  election.  This  act  prescribes  an 
organization  of  five  commissioners  including  the 
mayor;  term,  four  years;  annual  salaries,  for  each 
of  the  four  commissioners,  ranging  from  #40  (in 
cities  under  2000  population)  to  $5500  (cities  of 
100,000  to  200,000), for  the  mayor,  from  |50  (the 
smallest  cities)  to  $6000  ;  the  general  commission 

1  "  Digest,"  etc.,  pp.  38001, 38003,  Berkeley  Charter,  p.  51301. 

2  Same,  p.  38301.  «  Woodruff,  p.  89. 
*  "  Digest,"  etc.,  p.  33401.        ^  Same,  p.  33701. 


COMMISSION  GOVERNMENT  FDlfe  CITIES  101   ^ 

powers  to  include  all  executive,  legislative,  and 
administrative,  except  those  of  certain  boards 
established  by  previous  laws.  The  Initiative, 
Eeferendum,  and  Kecall  (the  latter  upon  a  large 
petition  —  seventy-five  per  cent)  are  instituted; 
and  ail  franchises  are  made  subject  to  a  compulsory 
Referendum.  Two  elections  are  provided  for,  the 
names  of  candidates  to  be  placed  on  the  ballots  for 
the  primary  election  by  petition  of  twenty-five 
voters .1  These  cities  subsequently  adopted  this  act : 
Springfield,  (51,617  population,  Census  of  1910), 
Decatur  (30,140),  Elgin  (25,976),  Rock  Island, 
Ottawa,  Dixon,  Carbondale,  Kewaree,  Moline, 
Rochelle,  Jacksonville,  Spring  Valley,  Waukegan, 
Hillsboro,  Clinton,  Pekin,  Hamilton,  Forest  Park. 
The  Louisiana  act  applies  to  cities  of  at  least  7500 
population,  the  cities  of  New  Orleans,  Munroe, 
Baton  Rouge,  and  Lake  Charles  excepted,  the 
question  to  be  submitted  on  a  thirty-three  per  cent 
petition.  For  cities  of  over  25,000  the  organiza- 
tion is  to  comprise  five  commissioners,  including 
the  mayor;  for  less  than  25,000,  three,  including 
the  mayor.  All  the  executive,  legislative,  judiciary, 
and  administrative  powers  are  lodged  withr  the 
commissioners.  The  Referendum  and  the  Recall 
are  provided;  all  public  utility  franchises  to  be 
submitted  to  the  popular  vote  at  a  special  election.^ 
The  city  of  Shreveport  (28,015)  has  reorganized 
under  this  law. 

In  1910   also  the  cities  of  Lynn  (89,336), 
»  "  Digest,"  etc.,  p.  34201.         «  Same,  p.  36301. 


102  DIRECT  ELECTIONS 

Massachusetts;  Cumberland,  Maryland;  Harbor 
Beach,  Michigan ;  Oklahoma  City  (64,205),  Mc- 
Alester,  Bartlesville,  Duncan,  and  Sapulpa,  Okla- 
homa ;  the  small  home-rule  cities  of  Modesto  and 
San  Luis  Obispo,  California;  Baker,  Oregon; 
and  Spokane  (104,402),  Washington,  adopted 
the  system  in  varying  forms,  though  generally 
upon  the  Des  Moines  basis.  A  novel  feature  dis- 
tinguishes the  charter  for  the  city  of  Lynn, — a 
provision  for  general  meetings  of  the  registered 
voters,  upon  petition  (to  be  duly  advertised  on  the 
"  front  page  "  of  a  daily  newspaper),  at  which  any 
officer  so  requested  in  the  petition  is  required  to 
appear  and  lay  before  the  meeting  "any  facts, 
documents,  or  other  information  "  relative  to  its 
subject-matter.^  The  Spokane  charter  provides  a 
method  of  Preferential  Voting  similar  to  that  of 
Grand  Junction,  Colorado.^  It  also  limits  the  elec- 
tion expenses  of  any  candidate  to  no  more  than 
$!250. 

In  1911  the  Legislatures  of  New  Jersey,  Ala- 
bama, Montana,  and  Washington  passed  enabling 
acts. 

NEW  JERSEY  ENABLING  ACT 

The  New  Jersey  statute  was  made  applicable  to 
any  city,  its  provisions  to  be  adopted  by  special 
election  upon  a  twenty-five  per  cent  petition,  the 
vote  in  favor  "  to  equal  at  least  thirty  per  cent  of 
the  votes  cast  for  members  of  the  General  Assem- 

^  Chapters,  Acts,  and  Resolves,  Massachusetts,  1910. 
^  See  chap,  iv,  this  book,  p.  120,  post. 


COMMISSION  GOVERNMENT  FOR  CITIES  103 

bly  at  the  last  preceding  election."  It  provides 
for  government  by  five  or  three  commissioners, 
according  to  the  size  of  the  city :  to  be  chosen  at 
non-partisan  primaries  (nomination  by  petition  of 
twenty-five  voters)  and  the  regular  municipal  elec- 
tion ;  and  to  serve  four  years'  terms.  The  mayor 
is  not  to  be  elected  by  the  voters,  but  is  to  be  des- 
ignated to  the  place  by  the  commissioners  from 
any  of  their  number.  He  is  to  preside  at  the  meet- 
ings, but  is  to  have  no  veto  power.  It  fixes  salaries 
on  a  sliding  scale,  according  to  the  population  of 
the  cities;  for  commissioners,  from  fSOOO  to  §50, 
each,  per  annum,  in  cities  of  the  first,  second,  and 
third  classes,  and  from  15000  to  $250  in  those  of 
the  fourth  class ;  for  mayor,  first,  second,  and  third 
class  cities  from  15500  to  175,  fourth  class,  15500 
to  $500.  It  empowers  the  commissioners  to  create 
such  boards  and  appoint  such  officers  as  they  may 
deem  necessary  for  the  conduct  of  the  city's  affairs ; 
and  to  remove  any  officer  at  any  time  for  cause, 
after  a  public  hearing.  It  establishes  the  Initiative, 
the  Referendum,  and  the  Recall,  but  no  Recall 
petition  is  to  be  filed  during  the  first  twelve  months 
of  office,  or  more  than  once  against  any  officer.^ 
Trenton  (96,815),  Passaic  (54,773),  and  Ridge- 
wood  (5416)  have  reorganized  under  this  law. 

THE  ALABAMA  LAWS 

In  Alabama  two  laws  were  passed.  The  first,  an 

act,  to  establish  the  new  form  in  "  all  the  cities  of 

1  "Digest,"  etc.,  p.  32101 ;  Laws  of  New  Jersey,  1911.      , 


104  DIRECT  ELECTIONS 

Alabama  which,  now  have  or  which  may  hereafter 
have  a  population  of  as  much  as  100,000  people, 
according  to  the  last  Federal  Census  " ;  the  second, 
authorizing  its  adoption  by  any  city  "  not  within 
the  sphere  of  any  other  law  authorizing  this  form  "' 
(meaning  the  previous  act),  upon  the  popular 
vote,  called  for  by  petition  of  "  a  number  of  elec- 
tors equal  to  one  per  centum  of  the  population  on 
the  basis  of  the  last  preceding  Federal  Census."  i 
The  first  statute  applied  to  the  city  of  Birming- 
ham, that  city  at  the  time  being  the  only  one  in 
Alabama  of  the  size  named,  and  it  immediately 
adopted  the  system.  Afterward,  Montgomery 
adopted  it.  Both  laws  establish  the  Recall,  but 
not  the  Initiative,  and  the  Referendum  is  insti- 
tuted only  on  franchise  grants.  Under  the  second 
act  such  grants  are  to  be  submitted  to  popular 
vote  "on  petition  of  a  number  of  voters  deter- 
mined by  the  ratio  of  one  to  every  three  hundred 
inhabitants  of  the  city,  upon  payment  by  the 
grantee  to  cover  the  estimated  cost  of  a  special 
election."  A  novel  feature  of  this  statute  is  its 
establishment  of  the  Preferential  Voting  system.2  3 
Its  provisions  have  been  adopted  by  five  small 
cities  —  Hartselle,  Cordova,  Huntsville,  Tusca- 
loosa, and  Talladega — in  population  ranging  from 
1370  to  8400. 

The  Montana  statute  applies  to  cities  of  the 
first,  second,  and  third  classes,  upon  a  twenty-five 

1  "  Digest,"  etc.,  pp.  51801.  ^  game,  p.  33903. 

»»  Chap.  ly,  this  book,  p.  12,0j  post. 


COMMISSION  GOVERNMENT  FOR  CITIES  105 

per  cent  petition  for  submission.  It  provides  for  a 
commission  of  five,  including  the  mayor,  in  cities 
of  over  25,000  population,  and  three  in  the  smaller 
cities ;  and  establishes  the  Initiative,  the  Referen- 
dum, and  the  Recall.^  The  Washington  statute  is 
applicable  to  cities  of  from  2500  to  20,000  popu- 
lation, upon  popular  vote,  called  for  by  a  twenty- 
five  per  cent  petition.  It  makes  provision  for  a 
government  of  three,  including  the  mayor,  and  also 
instals  the  three  devices;  no  Recall,  however,  to 
be  proposed  in  the  first  six  months  of  office.^ 


The  cities  taking  on  the  system  in  1911,  be- 
sides those  already  named,  were :  Oakland,  Val- 
lego,  Santa  Cruz,  Monterey,  Sacramento,  and 
Stockton,  California ;  North  Yakima,  Walla  Walla, 
and  Centralia,  Washington ;  Sheridan,  Wyom- 
ing ;  Lawton,  Oklahoma ;  Omaha,  and  Beatrice, 
Nebraska;  Chanute  and  Manhattan,  Kansas; 
Chattanooga  and  Knoxville,  Tennessee ;  Wil- 
mington, North  Carolina ;  Cartersville,  Georgia ; 
Parkersburg,  West  Virginia;  Port  Huron,  Pon- 
tiac,  and  Wyandotte,  Michigan ;  Lowell  and 
Lawrence,  Massachusetts ;  Gardiner,  Maine.^ 

At  the  close  of  1911  the  total  number  of  mun- 
icipalities that  had  adopted  the  system  in  one 
form  or  another  had  reached,  in  round  figures,  one 
hundred  and  sixty-five,  while  a  much  larger  num- 

1  *'  Digest,"  etc.,  p.  35301.  ^  game,  p.  38305. 

8  Same,  "  List  of  Short  Ballot  Cities." 


106  DIRECT  ELECTIONS 

ber  were  reported  to  be  giving  it  serious  consider- 
ation.^ Six  were  operating  under  new  or  amended 
old  charters,  embodying  some  of  the  features  of 
the  system,  but  lacking  one  or  another  of  its  fun- 
damental principles,  and  these  were  counted  as 
"  quasi-commission  "  cities.  ^ 

THE  BOSTON  PLAN 

In  this  class  the  proponents  include  the  city  of 
Boston  operating  under  its  amended  charter  of 
1909,  which  went  into  effect  in  1910.  The  Boston 
Plan,  however,  has  slight  likeness  to  the  "  straight " 
commission  system.  While  it  takes  on  some  of  the 
characteristics  of  the  Des  Moines  model,  it  is  in 
strong  contrast  to  that  and  other  forms  in  essen- 
tial details.  As  a  whole,  it  is  an  original  construc- 
tion. Its  distinctive  features  are  these : 

Government  by  a  mayor  elected  for  a  four 
years'  term,  subject  to  Recall  after  two  years  by 
not  less  than  a  majority  of  aU  the  voters  in  the 
city,  the  procedure  for  the  Recall  to  be  as  follows : 
The  secretary  of  the  Commonwealth  is  to  cause 
to  be  printed  at  the  end  of  the  official  ballot  to  be 
used  in  the  city  at  the  state  election  in  the  second 
year  of  the  mayor's  term  the  question,  "Shall 
there  be  an  election  for  mayor  at  the  next  muni- 
cipal election  ?  "  with  the  words  "  Yes  "  and  "  No  " 
at  the  right  of  the  question  and  sufficient  squares 
for  the  voter's  cross.  If  a  majority  of  the  qualified 
voters  registered  in  the  city  vote  "  Yes "  the 
1  Woodruff,  p.  1.  2  »  Digest,"  etc.,  p.  10401. 


COMMISSION  GOVERNMENT  FOR  CITIES  107 

election  is  to  be  had  accordingly,  and  the  board 
of  election  commissioners  shall  place  on  the  offi- 
cial ballot  without  nomination  the  mayor's  name, 
unless  he  shall  request  in  writing  otherwise.  The 
mayor  then  elected  is  to  hold  office  for  four  years 
subject  to  the  Recall  at  the  end  of  two  years.  If 
the  question  is  not  answered  in  the  affirmative  by 
the  required  majority,  no  election  for  mayor  is  to 
be  held,  and  the  incumbent  continues  to  hold  the 
office  for  his  unexpired  term.  If  prior  to  October 
first  in  the  mayor's  second  year  he  files  with  the 
secretary  of  the  Commonwealth  a  written  notice 
that  he  does  not  desire  the  question  to  appear 
on  the  ballot  at  the  state  election,  it  sliall  be 
omitted,  and  his  term  of  office  expires  at  the  end 
of  his  two  years.  At  the  ensuing  municipal  elec- 
tion his  name  is  not  to  appear  on  the  ballot  unless 
he  is  nominated  in  the  regular  way. 

A  city  council  consisting  of  nine  members 
elected  at  large,  for  three-year  terms,  three  mem- 
bers elected  annually,  in  place  of  the  two-chamber 
system,  which  comprised  a  board  of  aldermen  and 
a  large  common  council,  the  latter  representing 
wards. 

No  primary  elections,  but  all  nominations  for  a 
municipal  election  to  be  made  by  petition  of  not 
less  than  5000  without  party  designations  on  the 
ballot.  Blank  spaces  to  be  left  on  the  ballot  at 
the  end  of  each  list  of  candidates  for  the  different 
offices,  equal  to  the  number  to  be  elected  thereto, 
in  which  the  voter  may  insert  the  name  of  any 


108  DIRECT  ELECTIONS 

person  not  printed  on  the  ballot  for  whom  he  de- 
sires to  vote  for  such  office.  The  municipal  elec- 
tions to  be  separated  from  state  and  all  other 
elections. 

Appointments  of  all  heads  of  departments  and 
municipal  boards  (except  the  school  committee 
and  those  officials  by  law  appointed  by  the  gov- 
ernor of  the  State)  to  be  made  by  the  mayor 
without  confirmation  by  the  city  council,  but  sub- 
ject to  approval,  or  certification  of  the  appointees' 
qualification,  by  the  State  Civil  Service  Commis- 
sion. The  appointees  to  these  positions  to  be 
"  recognized  experts  in  such  work  as  may  devolve 
upon  the  incumbents  of  such  offices,  or  persons 
specially  fitted  by  education,  training,  or  experi- 
ence to  perform  the  same  "  ;  and  (except  the  elec- 
tion commissioners)  to  be  appointed  "  without 
regard  to  party  affiliation  or  to  residence  at  the 
time  of  appointment."  The  mayor  empowered  to 
remove  any  such  appointee  at  his  pleasure,  by 
filing  a  written  statement  with  the  city  clerk  set- 
ting forth  in  detail  the  specific  reasons  for  such 
removal.  The  officer  may  make  written  reply, 
which  may  be  similarly  filed,  but  such  reply  is  not 
to  affect  the  action  taken  unless  the  mayor  so  de- 
termines ;  the  new  appointee  to  fill  the  vacancy 
subject  to  the  same  certification  by  the  State 
Civil  Service  Commission  as  the  original  one. 
The  mayor's  appointees  to  include  the  fire  com- 
missioner subject  also  to  approval  by  the  State 
Civil  Service  Commission,  but  not  the  police  com- 


COMMISSION  GOVERNMENT  FOR  CITIES  109 

missioner,  the  latter  being  appointed  by  the  gov- 
ernor of  the  State. 

All  appropriations,  other  than  for  school  pur- 
poses to  originate  with  the  mayor.  Within  thirty 
days  after  the  beginning  of  the  fiscal  year  he  must 
submit  to  the  council  the  annual  budget  of  the 
current  expenses.  The  council  may  reduce  or  reject 
any  item,  but  cannot,  without  the  mayor's  ap- 
proval, increase  any  item,  or  its  total ;  nor  can  the 
council  originate  a  budget.  The  mayor  to  make 
such  recommendations  (other  than  for  school  pur- 
poses) to  the  council,  in  the  form  of  an  ordinance 
or  loan  order,  as  he  may  deem  to  be  for  the  wel- 
fare of  the  city,  which  the  council  must  adopt  or 
reject  within  sixty  days  after  filing :  if  not  rejected 
within  this  period  the  ordinance  or  order  to  go  into 
effect  unless  previously  withdrawn  by  the  mayor : 
the  mayor  may  again  present  an  ordinance  or  loan 
order  which  has  been  rejected  or  withdrawn.  The 
council  also  empowered  to  originate  an  ordinance 
or  loan  order.  It  may  reduce  or  reject  any  item  in 
any  loan,  and,  subject  to  the  approval  of  the 
mayor,  amend  an  ordinance. 

The  mayor  given  the  veto  power  upon  all  appro- 
priations, ordinances,  orders,  resolutions,  or  votes 
of  the  council,  except  votes  relating  to  its  internal 
affairs.  Every  such  measure  is  to  be  presented  to 
him,  and  if  he  approves  it  within  fifteen  days  it  is 
in  force,  but  if  within  that  period  he  returns  it  by 
filing  it  with  the  city  clerk  with  his  objections  in 
writing,  it  is  void  •,  if  it  involves  the  expenditure 


110  DIRECT  ELECTIONS 

of  money  he  may  approve  some  of  the  items  in 
whole  or  in  part  and  likewise  disapprove  others, 
and  such  items  or  parts  of  items  as  he  approves 
are  to  be  in  force,  the  others  void.  The  mayor  re- 
quired to  give  specific  information  to  the  council, 
upon  request,  on  any  municipal  matter  within  its 
jurisdiction,  and  to  attend  its  meetings,  personally 
or  through  a  head  of  department  or  member  of  a 
board,  publicly  to  answer  written  questions  relat- 
ing thereto. 

The  mayor  and  council  empowered  to  reorganize, 
consolidate,  or  abolish  departments,  in  whole  or  in 
part,  to  transfer  the  duties,  powers,  and  appropria- 
tions of  one  department  to  another,  in  whole  or  in 
part,  and  to  establish  new  departments. 

A  permanent  investigating  body,  appointed  by 
the  governor  of  the  State,  titled  the  "Finance 
Commission,"  composed  of  five  members,  resident 
and  qualified  voters  of  the  city,  the  term  of  each 
five  years,  one  member  appointed  annually.  The 
duties  of  this  body,  as  defined,  are :  "  from  time 
to  time  to  investigate  any  and  all  matters  relating 
to  appropriations,  loans,  expenditures,  accounts, 
and  methods  of  administration  affecting  the  city 
of  Boston  or  the  county  of  Suffolk,  or  any  depart- 
ment thereof,  that  may  appear  to  the  commission 
to  require  investigation,  and  to  report  thereon  from 
time  to  time  to  the  mayor,  the  city  council,  the 
governor,  or  the  General  Court."  The  chairman 
receives  an  annual  salary  of  $5000,  the  other 
members   serve   without  pay.   Publicity  of  city 


COMMISSION  GOVERNMENT  FOR  CITIES  111 

affairs  is  also  provided  for  in  the  establishment  of 
an  official  publication  —  the  "  City  Record."  The 
annual  salary  of  the  mayor  of  Boston  remains  as 
before — $10,000;  that  of  the  members  of  the 
council  is  fixed  at  $1500  each.i 

SUMMARY 

The  underlying  principles  of  the  "straight" 
commission  form  are  defined  as  "  a  short  ballot ; 
a  concentration  of  authority  in  the  hands  of  re- 
sponsible officials ;  the  elimination  of  ward  lines 
and  partisan  designations  in  the  selection  of  elect- 
ive officials ;  adequate  publicity  in  the  conduct  of 
public  affairs ;  the  merit  system ;  and  a  city  ad- 
ministration and  a  city  administrator  responsive 
to  the  deliberately  formed  and  authoritatively  ex- 
pressed local  public  opinion  of  the  city."  2 

The  short  ballot  principle  is  thus  defined : "  First, 
that  only  those  offices  should  be  elective  which  are 
important  enough  to  attract  (and  deserve)  public 
examination ;  second,  that  very  few  offices  should 
be  filled  by  election  at  one  time,  so  as  to  permit 
adequate  and  unconfused  public  examination  of 
the  candidates."^ 

The  advantages  claimed  for  the  commission  sys- 
tem are :  That  it  wiU  facilitate  the  election  of  a 
higher  type  of  men,  since  "American  municipal 
experience  "  has  demonstrated  that  "  small  bodies 
with  large  powers  attract  a  better  class  of  men 

^  Chap.  486,  Acts  and  Resolveg,  Massachusetts,  1909. 

3  WoodruflP,  Preface,  p.  viii.        »  "  Digest,"  etc.,  p.  10201. 


112  DIRECT  ELECTIONS 

than  large  bodies  with  small  powers  " ;  ^  that  the 
concentration  of  control  in  the  hands  of  a  single 
small  group  "  focuses  "  the  citizen's  "  attention  on 
the  offices,  because  more  important,  and,  aside 
from  the  fewness  of  the  number  to  be  fiUed,  com- 
pels a  knowledge  of  the  candidates,"  while  after 
election,  with  the  simple  division  of  duties,  the  cit- 
izen "not  only  knows  who  is  in  charge  of  a  depart- 
ment, but  who  is  to  blame  if  bad  conditions  are 
not  remedied :  in  this  way  not  only  is  the  commis- 
sioner held  accountable  to  the  board,  but  public 
opinion  may  reach  down  through  the  board  and 
know  who  is  careless  among  the  commissioners  ";2 
that  it  abolishes  sectional  lines,  and  so  makes  each 
member  of  the  body  a  representative  of  the  inter- 
ests of  the  whole  city,  simplifies  the  structural 
form  of  the  city  government,  insures  constant 
publicity  in  the  transaction  of  the  city's  business, 
thereby  creating  an  informed  and  alert  public 
opinion,  makes  the  official  behavior  of  each  member 
so  conspicuous  and  the  responsibility  of  his  posi- 
tion so  great  that  if,  for  any  reason,  a  man  of  in- 
ferior calibre  should  be  elected,  he  would  never- 
theless work  assiduously  to  promote  the  public 
interests."  ^ 

The  evils  in  the  system  that  critics  see  are :  (1) 
The  radical  departures  from  the  fundament  form 
of  American  government  in  the  fusion  of  the 
"appropriating"  and  "spending"  powers,  with 

1  Woodru£F,  p.  41.  ^  game,  pp.  123-124. 

*  Same,  p.  171. 


COMMISSION  GOVERNMENT  FOR  CITIES  113 

their  concentration  in  the  hands  of  a  single  small 
body,  in  place  of  the  true  principle  of  the  separa- 
tion of  these  jurisdictions ;  and  (2)  in  the  con- 
centration of  all  executive,  legislative,  and  judicial 
powers  in  the  single  small  body.  In  the  latter 
departure  the  critics  see  the  establishment  of  an 
oligarchy.  As  one  pungently  expresses  it,  the  sys- 
tem "  creates  a  bunch  of  five,  who  initiate  every- 
thing, pass  upon  everything,  carry  through  every- 
thing, and  then  certify  everything.  They  make 
your  laws,  if  you  are  going  to  have  municipal 
laws,  they  make  up  your  budget,  they  assess  your 
taxes,  they  spend  your  money,  they  conduct  your 
public  works  —  then  they  certify  themselves. 
They  would  be  a  true  oligarchy,  an  elected  oli- 
garchy." ^  Another  sees  in  "occasional  relief 
from  commission  errors  by  the  Initiative,  Refer- 
endum, and  Recall,"  no  "  adequate  assurance  of 
exemption  from  the  recurring  hazards  of  vicarious 
centralized  control  over  '  all  executive,  legislative, 
and  judicial  powers  and  duties.'  "  Such  a  control, 
he  avers,  impairs  civic  spirit.  "It  tends  to  an 
avoidance  of  public  duties.  It  ignores  the  rule  of 
successful  administration,  that  prevention  is- bet- 
ter than  palliation,  that  cooperative  vigilance  is 
more  effective  than  drastic  correction.  There  is 
no  royal  road  to  municipal  success  by  trying 
through  legislation  to  minimize  the  anticipative 
obligations  of  the  people."  ^ 

1  Ansley  Wilcox,  of  BufFalo,  quoted  in  WoodrnflP,  p.  148. 
a  AHred  D.  Chandler,  in  '*  Local  Self -Government,"  p.  10. 


IV 

THE  PREFERENTIAL  VOTE 

What  is  Preferential  Voting  ? 

It  is  the  recording  of  the  voter's  opinion  of  the 
comparative  merits  of  candidates  nominated  for 
an  elective  office. 

The  general  method  is  this ;  Instead  of  putting 
his  mark  for  one  candidate  against  those  nomi- 
nated on  the  ballot  and  there  ending  the  business, 
the  voter  marks  as  many  as  he  pleases,  thus  indi- 
cating his  first  choice  and  his  alternate  prefer- 
ences, but  one  choice,  of  course,  being  marked  for 
the  same  candidate. 

The  ballot  has  spaces  at  the  right  of  the  candi- 
dates' names  for  the  voter's  mark.  Under  the 
first  established  system,  which  may  be  termed  the 
j^nglish  system,  the  mark  is  to  be  figures  —  1,  2, 
3,  or  more ;  under  the  later,  or  Amjrjcan  system, 
'aT'cross.^  The  arrangement  of  the  spaces  for 
croSses^sjaJihrQQ  columns  after  the  candidates' 
names,  the  first  column  headed  "  First  Choice," 
the  second  column,  "  Second  Choice,"  the  third 
"  Other  Choices,"  the  latter  for  the  voter's  indi- 
cation of  his  third  or  more  choices. 

At  the  end  of  the  poll,  if  one  candidate  is  found 
to  have  a  majority  of  first  choices  in  the  total 
number  of  votes  cast,  he  is  declared  elected  and 


THE  PREFERENTIAL  VOTE  115 

the  matter  is  settled.  But  if  no  one  has  a  ma- 
jority, then  the  other  choices  are  utilized  to  get  a 
majority  for  the  candidate  who  is  evidently  the 
most  popular. 

At  this  point  the  procedure  under  the  English 
and  the  American  systems  differ. 

Under  the  English  the  second  and  other  choices 
are  canvassed  and  disposed  of  as  follows:  The 
candidate  who  has  the  smallest  nun^ber  of  first 
choices  is  declared  ^^out  of  the  count,"  and  his 
b.23t5Js^Fe-trattsferred^-e»e-bi3L.gne,  to  such  other 
candidates  as  are  marked  thereon  "  second  choice." 
If  at  any  stage  of  this  transfer,  or  as  its  result, 
any  candidate  has  secured  a  majority  he  is  de- 
clared duly  elected.  If  there  are  only  three  can-  ^ 
didates  and  a  tie  between  the  remaining  two  is  j^xf^ 
the  result  of  this  transfer,  the  tig^is-jdecided  in 
favor  of  the  one  who  has  the  greatest  number  of 
original  first  choice^.  Where  t^r^^re  morellian 
three  candidates,  and  with  the  first  transfer  no 
candidate  shows  a  majority,  the  process  is  re^ 
peated.  The  transferred  votes  are  added  to  the 
original  totals  and  the  candidate  then  at  the  bot- 
tom of  the  poll  is  declared  "  out  of  the  count," 
and  his  ballots  are  transferred  in  the  manner  de- 
scribed. If  yet  no  candidate  has  a  majority,  the 
process  goes  on  till  only  two  candidates  remain, 
when  the  one  now  having  the  majority  is  declared 
elected.  Should  these  two  be  tied,  the  tie  is  deter- 
mined as  in  the  case  of  the  two  in  the  group  of 
three  candidates  only.  In  cases  of  ties  between 


116  DIRECT  ELECTIONS 

two  or  more  candidates  where  all  are  equal  in  re- 
spect to  the  number  of  original  first  choices,  the 
largest  number  of  original  second  choices  decides. 
If  there  is  an  equality  in  this  respect,  further 
choices  are  considered.  If  this  should  not  decide, 
then  all  the  tied  candidates  are  declared  "  out,'* 
unless  the  election  of  one  of  them  is  necessary  to 
fill  a  seat,  in  which  case  the  tie  is  decided  by  cast- 
ing lots.i 

Under  the  American  system  the  procedure  is 
this : 

The  candidate  having  the  lea,atLliumber  of  first 
choices  is  eliminated,  and  a  canvass  made  of  the 
second  choice  votes  received  by  the  remaining 
candidates.  These  second  choices  are  then  added 
to  the  first  choices  received  by  each,  and  the  can- 
didate obtaining  the  largest  number  _ot'  combined 
first  and  second  choices,  if  such  constitute  the  ma- 
jority, is  declared  elected.  If  such  faUs  short  of 
the  majority  the  process  of  elimination:  is  rggeated. 
TSe  candidate  having  Oie¥mffiest"number  of  first 
and  second  choices  combined  is  dropped,  and  can- 
vass made  of  the  third  choices  received  by  the  now 
remaining  candidates.  These  are  then  added  to  the 
first  and  second  choices  each  has  received,  and  the 
one  showing  the  highest  number  of  first,  second, 
and  third  choices  is  declared  elected.  Should  the 
name  of  a  single  candidate  remain,  such  candidate 

1  John  H.  Humphreys,  "  Proportional  Representation :  A 
Study  in  Methods  of  Election,"  p.  95.  Robert  Tyson,  "  Prefer- 
ential Voting,"  in  "  Digest,"  etc.,  p.  21501. 


THE  PREFERENTIAL  VOTE         117 

is  to  be  declared  elected  regardless  of  the  number 
of  votes  received.  A  tie  between  two  or  more  can- 
didates is  determined  practically  in  the  same  man- 
ner as  under  the  English  system.^ 

Under  the  American  system,  as  is  seen,  in  the 
process  of  elimination  of  the  low  candidates,  the 
second  and  so  on  choiq^  are  added  to  first  choices 
when  necessary  to  get  a  majority,  while  under  the 
EnglishsysJtem  the  ballots  of  the  "  outs  "  are  trans- 
^errejlto  the  first  choices:  that  is,  the  sSscond, 
third,  or  other  choices  are  substituted  for  the  first 
choices  on  the  same  ballot,  not  added  to  them. 

THE   ENGLISH   SYSTEM 

The  English  system  was  first  in  practical  oper- 
ation in  Australia,  adopted  in  1907  by  the  West 
Austr^ian.  -  Fa^liftment-  -for^^nate-eleeMons.  Tn 
19Q_9  it  was  brought  into  service  for  South  Africa, 
employed  in  the  election  of  senators  under  the 
South  African  Act.^  In  190 J,  also,  it  was  favored 
by  a  Royal  Commission  on  Systems  of  Elections 
for  use  in  parliamentary  elections  In  England 
where  more  than  two  candidates  stand~for  UnB 
seat.  That  commission  also  was  favorably  disposed 
toward  its  immediate  adoption  for  municipal  elec- 
tions. ^ 

It  is  differently  termed  in  different  localities.  In 
Australia  it  is  known  as  the  "  contingent,  or  pre- 

*  Charter  of  Grand  Junction,  Colorado,  sec  22. 
2  Humphreys,  Appendix  ix,  p.  364 
»  Equity  Series,  July,  1910,  p.  114. 


118  DIRECT  ELECTIONS 

ferential,  vote."  In  England,  as  the  "  alternative 
(preferential)  vote,"  this  term,  as  is  explained,^ 
to  distinguish  its  use  in  single-member  constituen- 
cies from  its  employment  in  multi-member  ones, 
for  the  purpose  of  securing  proportional  represent- 
ation. It  is  closely  related  to  Proportional  Eepre- 
sentation,  thougnnoF^pfecisely  a  lorm  of  that 
system.  It  is  developed  from  the_smgle  transfer- 
able vote,  the  distinguishing  featureor~tiie-«chelfi? 
of  electoral  reform  proposed  by  Sir  Thomas  Hare 
in  England  in  1857,  and  two  years  earlier  applied 
in  Denmark  in  elections  to  the  Danish  Upper 
House.2  The  principle  of  the  single  transferable 
vote  is  this :  the  transfer  of  the  surplus  votes — more 
votes  than  sufficient  to  elect  —  of  the  successful 
candidate  to  the  unelected  candidates  indicated  as 
the  voter's  next  preferences,  by  his  marks,  — 1,2, 
3,  or  so  on, —  against  the  names  in  the  order  of 
his  choice.  The  number  of  votes  necessary  to  se- 
cure election  is  called  the  "  quota."  By  the  Hare 
method  the  quota  was  to  be  ascertained  by  divid- 
ing the  whole  number  of  votes  cast  by  the  number 
of  representatives  to  be  elected.  Under  a  subse- 
quent rule  it  is  found  by  dividing  the  votes  polled 
by  one  more  than  the  number  of  places  to  be  filled 
and  adding  one  to  the  result.  Those  candidates 
obtaining  the  quota  in  the  vote  transferring  pro- 
cess are  elected.^ 

The  West  Australian  plan  is  generally  termed 

^  Humphreys,  96,  note.  ^  Same,  p.  131. 

«  Same,  pp.  134-146,  151-171. 


THE  PREFERENTIAL  VOTE         119 

the  Hare- Ware  system,  indicating  its  origin.  A 
limited  preferential  system  was  earlier  in  service 
in  Queensland,  having  been  instituted  in  1892. 
This,  however,  is  narrowed  to  the  alternative  vote, 
which  is  a  vote  for  single-member  constituencies. 
The  first  preference  ballots  are  first  counted,  and 
if  no  candidate  has  received  an  absolute  majority, 
then  all  but  the  two  highest  candidates  are  thrown 
out,  and  the  ballots  cast  for  the  defeated  candidates 
are  given  to  one  or  the  other  of  the  two  remaining 
as  the  preferences  of  voters  are  thereon  indi- 
cated.i 

Expert  opinion  of  the  efficacy  of  the  English 
system  differs.  Endorsers  of  the  West  Australian 
method  pronounce  it  the  simplest  of  all  in  opera- 
tion, and  the  truest  in  registering  the  will  of  the 
majority.    Williaitt-HoagpEhe  secretary-treasurer 

of     the     Americari      Pr^ppTfirtnol       RapTQaonfafmn 

League,  points  out  these  advantages :  "  It  allows 
the  voter  to  express  as  many  or  as  few  choices  as 
he  wishes.  It  is  uniform  whether  the  candidates 
be  few  or  many,  and  whether  the  offices  to  be  filled 
be  one  or  many.  It  offers  no  difficulties  to  voters 
unaccustomed  to  the  preferential  ballot."  The  form 
of  ballot  "  is  perfectly  adapted  to  the  election  of  a 
_£ingla-officer,  as  the*mayorora  city,  or  to  the  elec- 
tion of  several,  as  the  city  council  or  board  of  com- 
missioners." 2 

^  William  Hoag,  in  Equity  Series,  July,  1910.   Also  Humph- 
reys, p.  99. 
«  In  Equitt/  Series,  July,  1910. 


120  DIRECT  ELECTIONS 

The  method  prescribed  in  the  South  African 
Act  of  1909,  for  senatorial  elections,  is  based  di- 
rectly on  the  quota  principle.^  It  has  been  pro- 
posed by  advocates  of  Proportional  Representation 
for  municipal  elections  in  American  cities. 

THE   AMERICAN   SYSTEM 

The  American  system  is  the  "  Grand  Junction 
Method,"  so-called,  conceived  and  first  established 
in  the  little  but  lusty  city  of  Grand  Junction, 
Colorado,  of  some  eight  thousand  inhabitants.  It 
was  the  distinctive  feature  of  a  new  commission 
government  charter  drafted  by  a  local  charter  con- 
vention, and  adopted  by  popular  vote,  in  Septem- 
ber, 1909,  after  what  is  described  as  a  "  battle 
royal"  with  the  opponents.  It  is  unique  as  the 
first  preferential  ballot  for  city  elections.  The  first 
election  under  the  new  system  was  held  in  the  fol- 
lowing November,  and  the  preferential  feature 
worked  to  the  full  satisfaction  of  its  sponsors,  for 
it  elected  their  candidates. 

Simplicity  is  also  claimed  for  the  American 
system,  with  ease  in  working,  while  it  is  declared 
by  its  chief  sponsor  to  secure  "the  ultimate  will 
of  the  people  more  fully  than  any  other  plan  ever 
devised."  This  sponsor,  James  M.  Bucklin,  the 
chairman  of  the  charter  convention,  and  the  de- 
viser of  the  scheme,  writes :  "  I  am  convinced, 
both  from  theory  and  actual  practice,  that  our 

1  Humphreys,  Appendix  ix,  pp.  368-373.    See  an  illustrative 
election,  pp.  375-381. 


THE  PREFERENTIAL  .VOTE  121 

system  of  preferential  ballot  ...  is  infinitely  su- 
perior to  any  form  of  the  ballot  heretofore  adopted 
in  America.  It  has  given  effect  to  the  will  of  the 
people,  brought  about  the  election  of  good  officials, 
has  enabled  the  majority  to  beat  the  minority,  and 
has  accomplished  all  in  a  plain  and  simple  man- 
ner. It  is  easily  understood  by  every  voter,  and 
involves  the  minimum  of  expense  and  political 
controversy."  ^  Elsewhere  Mr.  Bucklin  sums  up 
its  virtues  as  he  sees  them  :  "  This  ballot  has  all 
the  advantages,  with  none  of  the  objections,  of  a 
direct  primary  or  second  election  plan,  combining 
in  one  election  the  direct  primary  and  final  ballot ; 
enables  the  elector  to  vote  for  minority  candidates 
without  throwing  away  his  vote ;  enables  the  sup- 
porters of  majority  candidates  to  express  their 
wishes  relative  to  minority  candidates;  reduces 
the  cost  and  the  number  of  elections  one-half; 
destroys  political  bitterness;  makes  impossible 
'  political  machines ;  elects  by  majorities  and  not  by 
minorities."  2 

Mr.  Bucklin  tells  us  that  this  Grand  Junction 
method  was  established,  "  in  lieu  of  direct  prima- 
ries, or  of  second  elections,  with  the  object  of  se- 
curing an  accurate  expression  of  the  public  will  at 
the  polls  with  the  minimum  of  cost  and  effort." 
Its  single  aim  was  to  accomplish  what  those  sys- 
tems fall  short  of  accomplishing  —  the  restoration 

^  Letter  to  Robert  Tyson,  in  Equity  /Series,  July,  1910,  p.  112. 
2  James  W.  Bucklin,  "  The  Grand  Junction  Plan  of  City  Gov- 
ernment and  its  Results." 


122  DIRECT  ELECTIONS 

of  "  majority  elections,  and  true   representative 
government." 

Expert  critics  see  two  flaws  in  the  system  which 
may  defeat  its  laudable  object.  Robert  Tyson, 
former  secretary  of  the  American  Proportional 
Representation  League,  points  out  one :  the  method 
of  using  second  choices  practically  gives  each  voter 
two  votes,  while  the  result  of  the  counting  of  this 
second  vote  may  be  to  defeat  the  voter's  first 
choice ;  so  when  the  third  choice  votes  are  added 
to  the  first  and  second  choices,  the  counting  of  a 
voter's  third  choice  may  help  to  defeat  his  first. 
If,  recognizing  this,  the  voters  largely  refrain  from 
marking  any  but  first  choices,  then,  as  he  says, 
the  basis  of  the  preferential  vote  is  gone.^  Mr. 
Hoag  exposes  this  further  defect:  candidates 
thrown  out  as  the  lowest  upon  the  first  or  second 
count  may  in  reality  be  the  choice  of  the  majority  of 
the  voters  over  any  of  the  candidates  not  thrown  out. 
Mr.  Hoag  shows  by  the  following  eleven  ballots  how 
the  method  may  lead  to  an  erroneous  result : 

A11111233322 
B  22222111133 
C  33333322211 

No  candidate  having  a  majority  of  first  choices, 
C  is  excluded  and  a  second  count  is  taken  of  first 
and  second  choices,  and  B  wins  nine  to  eight.  But 
seven  of  the  eleven  voters  prefer  A,  who  is  de- 
feated, to  B,  who  is  elected.2 

1  "  Preferential  Voting,"  in  "  Digest,"  etc,  p.  21502. 

2  In  Equity  Series,  July,  1910,  p.  94. 


THE  PREFERENTIAL  VOTE  123 

Mr.  Bucklin  explains  that  the  scheme  of  drop- 
ping the  lowest  candidate  was  adopted  for  the 
reason  that  it  "  adds  to  the  power  of  each  choice 
over  all  following  choices,  and  does  not  enable 
any  candidate  to  be  elected  unless  he  has  a  respect- 
able number  of  first  choice  supporters."  ^ 

Mr.  Hoag  favors  the  editors  of  this  manual 
with  a  diagram  of  a  standard  Preferential  Ballot, 
shown  on  page  125. 

This,  Mr.  Hoag  states,  is  the  form  used  for 
political  elections  in  Denmark,  Australia,  and 
South  Africa.  The  Grand  Junction  form  with  its 
three  different  columns  for  making  crosses,  the  cross 
in  the  third  column  to  indicate  choices  after  the 
second  choice  indiscriminately,  does  not,  he  says, 
replace  this  standard  ballot,  for,  "  besides  being 
more  complicating  and  confusing  to  the  voter," 
it  does  not  permit  him  to  express  a  preference  for 
his  fourth  choice  over  his  fifth.  Thus  it  "  takes 
away  part  of  the  voting  power  of  the  elector,  and, 
as  experience  has  shown,  an  extremely  important 
part,  for  many  men  care  quite  as  much  whether 
their  fourth  choice  is  elected  in  preference  to  their 
fifth,  as  whether  their  first  is  elected  in  preference 
to  their  second.  Under  present  rules  in  America 
electors,  instead  of  expressing  their  preference 
for  fourth  over  fifth  choice,  are  frequently  ex- 
pressing the  preference  for  their  one  hundred  and 
fourth  over  their  one  hundred  and  fifth,  and  yet 
the  right  to  express  such  a  preference  is  regarded 
1  "  The  Grand  Junction  Plan,"  p.  3. 


124  DIRECT  ELECTIONS 

by  many  voters  as  worth  exercising."  Arabic 
numerals  for  making  the  choices  Mr.  Hoag  regards 
altogether  preferable  to  crosses  because  more  def- 
inite. Crosses,  he  maintains,  offer  greater  chances 
of  mistakes  in  being  put  in  the  wrong  column  or 
squares.  Mistakes  through  bad  formation  of  fig- 
ures, as  3  for  5,  or  5  for  8,  for  example,  may 
occur,  but  rarely  as  compared  with  those  that  oc- 
cur through  the  use  of  crosses.  That  figures  do 
not  bother  the  voters  Mr.  Hoag  finds  is  the  "  uni- 
versal testimony."  Their  use  "has  everywhere 
been  found  to  be  perfectly  simple,"  and  to  intro- 
duce "  no  difficulties  at  all."  Finally,  Mr.  Hoag 
presents  this  standard  ballot  as  desirable  because 
it  is  uniform  for  all  kinds  of  elections  whether  of 
a  single  officer  or  many.  The  adoption  of  such  a 
ballot,  however,  he  regards  as  important  chiefly  be- 
cause it  allows  the  voters  their  full  voting  power. 

A  CAMBRIDGE  PLAN 

Report  of  the  workings  of  the  Grand  Junction 
scheme  at  its  first  trial  spread  abroad,  and  soon 
this  small  Colorado  municipality  found  itself  loom- 
ing large  in  the  public  eye  as  the  inaugurator  of 
a  new  thing  in  scientific  voting  in  the  United 
States.  At  once  upon  this  initial  demonstration  ad- 
vocates of  commission  government  charters,  West 
and  East,  zealously  proposed  it  for  larger  cities. 

Before  the  close  of  1909  it  was  put  forth  in  an 
Eastern  city :  incorporated  in  a  proposed  commis- 
sion charter  scheme  for  Cambridge,  Massachusetts. 


PREFERENTIAL  BALLOT 

Mark  as  many  as  you  like,  in  the  order  of 
your  preference^  using  figures  i,  2,  3,  etc. 

For  Councillors 

WilUam  J.  Bryan 

5 

Andrew  Carnegie 

Champ  Clark 

3 

Charles  W.  Eliot 

Samuel  Gompers 

William  R.  Hearst 

Henry  Cabot  Lodge 

2 
4 

Robert  M.  LaFoUette 

Thomas  W.  Lawson 

J.  Pierpont  Morgan 

Theodore  Roosevelt 

I 

WiUiam  H.  Taft 

Booker  T.  Washington 

Woodrow  Wilson 

DIAGRAM  OF  A  STANDARD  PREFERENTIAL  BALLOT 


126  DIRECT  ELECTIONS 

The  drafters  of  the  Cambridge  product  followed 
the  Grand  Junction  method  except  the  feature  of 
"  dropping  the  low  man  "  ;  this  they  pronounced 
an  "  unessential  complication  "  without  influence 
on  the  result.^  The  project  failed  of  legislative 
sanction  in  1910,  but,  renewed  the  next  year,  it 
was  endorsed  subject  to  submission  to  the  city 
upon  petition  of  a  specified  number  of  voters, 
and  its  adoption  at  the  polls  in  the  following 
November  state  election.  The  act  was  not  accepted 
by  the  citizens  of  Cambridge. 

THE   SPOKANE   VARIETY 

A  similar  project  at  the  West,  embodying  the 
Grand  Junction  method  in  a  modified  form,  fared 
better.  This  was  a  scheme  for  Spokane,  Wash- 
ington, population,  104,400.  It  was  duly  adopted 
by  popular  vote,  and  went  into  operation  in 
1911. 

The  Spokane  method,  though  modelled  in  gen- 
eral upon  the  Grand  Junction,  makes  such  orig- 
inal innovations  in  detail  that  it  might  well  have 
a  label  of  its  own. 

Five  commissioners  are  to  be  elected,  and  each 
voter  is  permitted  to  make  five  first  choices,  five 
second  choices,  and  as  many  third  choices  as  he 
pleases,  —  a  first  and  a  second  choice,  of  course, 
not  to  be  given  to  the  same  candidate.  The  names 
of  all  the  candidates  for  the  five  commissioner- 
ships   are   printed  on  the  ballot  in  alphabetical 

^  Pamphlet,  "New  Charter  for  the  City  of  Cambridge." 


THE  PREFERENTIAL  VOTE  127 

order.  To  the  right  of  the  names  are  the  columns 
of  squares,  the  columns  headed,  respectively, 
"First  Choice,"  "Second  Choice,"  "Additional 
Choices."  The  voter  must  mark  his  first  choice 
for  five  candidates  or  his  ballot  is  void,  but  sec- 
ond and  third  choices  are  not  compulsory.  He  can 
mark  only  five  first  choices,  and  only  five  second 
choices,  but  he  can  vote  as  many  third  choices  as 
he  wishes.  He  is  cautioned  not  to  vote  more  than 
one  choice  for  any  one  candidate,  since  only  the 
one  choice  will  count. 

The  canvassing  proceeds  in  this  wise.  The 
precinct  election  officers  count  the  ballots  and 
enter  the  total  number  on  the  tally-sheets.  Then 
they  count  and  enter  the  number  of  the  first,  sec- 
ond, and  third  choice  votes  for  each  candidate. 
If  a  ballot  contains  more  than  one  vote  for  the 
same  candidate  only  the  one  of  such  votes  highest 
in  rank  is  counted.  All  ballots  which  do  not  con- 
tain first  choice  votes  for  as  many  candidates  as 
there  are  offices  to  be  filled  are  void.  If  a  ballot 
contains  either  first  or  second  choices  in  excess 
of  the  number  of  offices  to  be  filled,  no  vote  in 
the  column  showing  such  excess  shall  be  counted. 
When  the  f uU  number  of  five  to  be  elected  do 
not  receive  the  majority  of  first  choice  votes,  the 
procedure  to  get  majorities  for  the  others  begins 
like  the  Grand  Junction  method,  —  with  the  can- 
vassing of  the  unelected  candidates*  second  choice 
votes  and  the  addition  of  these  to  their  first  choices. 
When  by  adding  first  and  second  choices  the  full 


128  DIRECT  ELECTIONS 

number  are  not  yet  elected,  then  the  third  choices 
received  by  the  candidates  failing  of  majorities 
by  such  addition  are  canvassed  and  added  to  their 
totals.  The  candidates  equal  in  number  to  the 
number  of  offices  remaining  to  be  filled  who  re- 
ceive the  highest  number  of  votes  by  this  last 
addition  are  declared  elected.  A  tie  is  determined 
as  by  the  Grand  Junction  method.  If  by  the 
count  of  either  first  choices  or  first  and  second 
choices,  more  candidates  than  there  are  offices  to 
be  filled  should  receive  a  majority,  the  candidate 
or  candidates  equal  in  number  to  the  number  of 
offices  to  be  filled  having  the  highest  votes  are 
declared  elected.^ 

The  first  election  under  this  new  charter  and 
system  of  Preferential  Voting  was  held  on  the  7th 
of  March,  1911.  At  the  outset  of  the  campaign 
ninety-seven  candidates  had  been  put  in  nomina- 
tion for  the  five  offices  to  be  filled.  Three  of  these 
declined  their  nominations,  and  two  more  withdrew 
before  election  day.  Accordingly  the  baUot  pre- 
sented a  long  list  of  ninety-two  names.  The  elect- 
ors included  women,  who  exercised  the  right  to 
vote  for  the  first  time  in  the  history  of  the  city. 
The  number  of  ballots  cast  was  22,058.  Notwith- 
standing the  great  length  of  the  list  of  candi- 
dates it  is  declared  that  the  voters  were  not  con- 
fused. 

This  is  the  testimony  of  the  chairman  of  the 
charter  committee,  whose  satisfaction  with  the 
,    1  Spokane  City  Charter  (adopted  December  27,  1910)  sec.  63. 


THE  PREFERENTIAL  VOTE         129 

workings  of  the  new  system  was  complete.^  Others, 
as  hearty  in  their  comment  upon  the  smoothness 
of  the  machinery's  running,  and  as  satisfied  with 
the  outcome,  were  not  ready,  open-armed,  to  accept 
this  first  demonstration  as  a  conclusive  test.  These 
viewed  the  result  as  largely  due  to  the  novelty  of 
the  affair  arousing  the  people's  interest,  as  a  new 
game ;  and  to  the  excellent  and  systematic  hand- 
ling and  direction  of  the  machinery  by  the  new 
system  leaders. 

In  1911  the  small  city  of  Pueblo,  Colorado, 
adopted  the  Grand  Junction  method  modified. 
Also  in  1911  this  method  was  adopted  by  a  South- 
ern State ;  the  Legislature  of  Alabama  providing 
for  its  application  in  a  general  law  making  pro- 
vision for  the  commission  form  of  government  in 
cities. 

SUMMARY 

Such  are  the  varying  methods  which  promoters 
of  the  Preferential  Vote  have  established  or  pro- 
posed with  this  praiseworthy  object :  "  to  encour- 
age the  free  nomination  of  candidates,  and  to 
obtain  always  a  clear  majority  at  one  balloting, 
no  matter  how  many  candidates  are  in  nomina- 
tion." 2 

^  "  The  chairman  of  the  Spokane  charter  committee,  writing 
after  the  election  to  a  Cambridg-e  friend  said,  .  .  .  '  I  have  not 
heard  of  a  sing^le  criticism  of  the  preferential  system.  The  people 
are  satisfied  with  it  .  .  .  Even  with  a  large  list  of  candidates,  the 
voters  were  not  confused.  The  fear  of  too  large  a  number  of 
candidates  is  exaggerated.' "  Quoted  in  the  **  New  Charter  for 
the  City  of  Cambridge,"  p.  6. 

^  Robert  Tyson. 


130  DIRECT  ELECTIONS 

All  are  more  or  less  complicated.  The  simplest 
is  perplexing  at  first  glance  to  the  average  voter. 
Will  he  take  the  second  glance  and  familiarize 
himself  with  its  workings  ?  Or  will  he,  after  the 
novelty  is  worn  off,  "  give  it  up  "  as  too  bother- 
some, vote  his  one  cross  and  no  more  as  in  the  old 
way,  or  vote  not  at  aU  except  on  rousing  occa- 
sions ?  This  is  one  question  that  unattached  — un- 
attached to  any  of  these  schemes,  as  yet  —  but 
open-minded  observers  are  asking.  Another  is, 
will  not — again  after  the  novelty  has  passed  — 
the  mode  of  canvassing  the  choices,  taxing  to  the 
average  election  officers  under  the  simplest  of  the 
plans,  prove  unnecessarily  troublesome,  productive 
of  errors  and  vexations? 


V 

THE  NEWPORT  PLAN 

Among  all  the  cities  that  have  taken  on  new 
or  revised  charters  of  various  forms  since  the  inno- 
vation of  the  commission  scheme,  the  city  of  New- 
port, Rhode  Island,  stands  unique  as  the  single 
one  that  has  adopted  exactly  the  principle  upon 
which  the  commission  form  has  been  assumed  to 
be  based,  but  from  which  it  radically  departs,  — 
namely,  the  principle  of  the  New  England  town- 
meeting  system  of  local  self-government.  Accord- 
ingly the  Newport  Plan  has  attained  particular 
attention  from  municipal  reformers  and  students 
of  municipal  science ;  and  some  of  these  observers, 
after  following  its  workings  in  operation  for  half 
a  decade,  are  prepared  to  endorse  it  as  a  practical 
scheme  of  direct  municipal  government,  with  ample 
safeguards,  upon  which  a  good  working  system  for 
the  larger  cities  might  well  be  modelled. 

Its  distinguishing  features  are :  (1)  the  estab- 
lishment of  an  elective  body  sufficiently  large  to 
be  representative  of  all  the  citizens,  in  which  are 
vested  the  government  and  control  of  all  fiscal, 
prudential,  and  municipal  affairs  of  the  city ;  and 
(2)  a  small  body  invested  with  the  executive  pow- 
ers. Thus  the  appropriating  and  spending  powers 
are  sharply  separated,  instead  of  fused  and  con- 


,132  DIRECT  ELECTIONS 

centrated  in  one  small  body,  as  in  the  straight 
commission  form. 

The  representative  body  is  termed  the  "  Repre- 
sentative Council";  the  small  body  comprises  a 
mayor  and  five  aldermen. 

The  representative  council  is  composed  of  one 
hundred  and  ninety-five  members  chosen  from  the 
several  wards,  thirty-nine  from  each  (there  being 
five  wards),  and  elected  for  three-year  terms,  one 
third  of  the  members  to  be  renewed  each  year. 
The  mayor  and  aldermen,  —  one  alderman  from 
each  ward,  —  are  elected  at  large  for  one-year 
terms,  and  constitute  the  board  of  aldermen.  The 
representative  council  elects  all  important  officers, 
—  as  city  treasurer,  city  clerk,  judge  of  probate, 
probate  clerk,  collector  of  taxes,  assessor  of  taxes, 
city  solicitor,  — and  makes  the  ordinances  and  reg- 
ulations necessary  to  the  welfare  of  the  city.  All 
its  meetings  are  held  with  open  doors,  and  aU  its 
records  are  open  to  public  inspection.  Any  tax- 
payer or  voter  may  speak  at  the  meetings,  subject 
to  the  rules,  upon  any  proposition  before  the  coun- 
cil, though  he  cannot  vote.  The  council  is  practi- 
cally a  limited  town  meeting  with  the  legislative 
powers  of  the  full  town  meeting,  while  the  board 
of  aldermen  correspond  to  the  selectmen  of  the 
town  vested  with  the  administrative  powers. 

The  provision  for  the  formulation  of  the  annual 
budget  is  a  notable  feature,  borrowed  from  the 
perfected  system  of  the  Massachusetts  town  of 
Brookline,  distinguished  as  one  of  the  best  gov- 


THE  NEWPORT  PLAN  133 

emed  under  the  old  New  England  town-meeting 
form,  although  in  population  of  city  proportions 
and  surrounded  by  cities.  In  the  Newport  Plan 
this  work  is  assigned  to  an  independent  committee 
of  twenty-five,  five  from  each  ward,  chosen  from 
the  representative  council  by  the  chairman  at  the 
first  meeting  of  the  year  —  the  first  Monday  of 
January.  The  committee  is  supplied  with  a  printed 
balance-sheet  of  the  preceding  year,  together  with 
the  recommendations  of  the  board  of  aldermen  for 
the  current  one,  and  is  required  to  report  the 
budget  as  fixed,  in  print,  at  an  adjourned  meeting 
of  the  council.  Meanwhile  this  report  is  to  be  dis- 
tributed to  the  voters  of  the  city  "qualified  to 
vote  upon  the  expenditure  of  money,"  at  least 
seven  days  before  the  adjourned  meeting,  when 
the  appropriations  are  to  be  made. 

The  Referendum  is  provided  for  upon  proposi- 
tions involving  the  expenditure  of  $10,000  or  more 
in  addition  to  the  regular  annual  appropriations. 
A  vote  of  the  representative  council  in  favor  of 
any  such  proposition  is  not  to  become  operative 
until  after  seven  days  from  the  day  of  its  final 
passage  ;  and  if  within  this  period  a  petition  for  its 
submission  to  the  qualified  electors,  signed  by  at 
least  ten  such  electors  from  each  ward  in  addition 
to  at  least  one  hundred  of  the  city  at  large,  is 
filed  with  the  city  clerk,  the  proposition  must  be  so 
submitted  within  thirty  days  from  the  filing  of  the 
petition.  The  submission  is  made  by  the  board  of 
aldermen,  and  at  ward  meetings  specially  called 


134  DIRECT  ELECTIONS 

for  the  election.  A  favoring  vote  of  a  majority  of 
the  electors  voting  is  necessary  to  sustain  the 
measure :  failing  this,  it  is  null  and  void. 

Provision  is  also  made  for  the  Initiative  with 
respect  to  propositions  or  ordinances  for  the  ex- 
penditure of  money  exceeding  the  sum  of  f  10,000. 
Such  proposition  or  ordinance  may  be  addressed 
to  the  representative  council  and  passage  requested, 
by  written  petition,  in  which  it  is  specifically  set 
forth,  signed  by  at  least  one  hundred  electors  quali- 
fied to  vote  upon  propositions  to  expend  money, 
and  the  council  must  consider  the  measure  at  its 
next  meeting  and  pass  its  final  vote  thereon  before 
adjournment.  If  it  be  disapproved,  the  counciFs 
vote,  as  in  similar  propositions  of  its  own  initiative, 
is  to  be  inoperative  for  a  period  of  seven  days, 
within  which  time  the  submission  of  the  measure 
may  be  petitioned  for,  —  the  petition  in  such  cases 
to  be  signed  by  at  least  twenty  qualified  electors 
from  each  ward  besides  at  least  two  hundred 
qualified  electors  of  the  city.  Thereupon  it  goes  to 
the  qualified  electors  within  thirty  days  after  the 
filing  of  the  petition,  and  becomes  law  if  approved 
by  a  majority  of  the  electors. 

The  making  of  an  expenditure,  or  the  incurring 
of  a  liability,  by  or  in  behalf  of  the  city  is  pro- 
hibited until  an  appropriation  has  been  duly  voted 
by  the  representative  council  sufficient  to  meet  such 
expenditure  or  liability,  together  with  all  prior 
unpaid  liabilities'  which  are  payable  out  of  such 
appropriation.  No  sum  appropriated  for  a  specific 


THE  NEWPORT  PLAN  135 

purpose  can  be  expended  for  any  other  purpose 
unless  otherwise  specially  authorized  by  vote  of 
the  representative  council. 

Meetings  of  the  representative  council,  other  than 
regular,  are  to  be  called  upon  written  request  of 
the  board  of  aldermen.  Any  officer  or  employee 
of  the  city  must  at  the  request  of  the  council  ap- 
pear before  it  and  give  such  information  as  it  may 
require  in  relation  to  any  matter,  act,  or  thing 
connected  with  his  office  or  employment.  The 
council,  by  a  two-thirds  vote  of  all  its  members, 
may  remove  for  misconduct  or  incapacity  any 
officer  except  such  as  are  elected  by  the  people. 

The  mayor's  powers  include  the  investigation  of 
all  departments  of  the  city.  He  may  suspend  any 
officer  for  sufficient  cause.  In  case  of  such  suspen- 
sion, however,  he  must  within  five  days  call  a 
meeting  of  the  aldermen  and  lay  before  the  board 
a  specification  of  all  the  charges  preferred  against 
the  officer.  If  the  board  does  not  sustain  the  charges, 
the  officer  is  immediately  restored  to  office :  but 
if  the  charges  are  sustained,  the  office  becomes 
vacant  unless  the  officer  within  ten  days  claims 
an  appeal  to  the  representative  council,  who  shall 
finally  determine  the  matter.  The  board  of  alder- 
men's duties  embrace  the  exercise  of  "  a  general  su- 
pervision over  all  matters  affecting  the  general  wel- 
fare of  the  city."  The  board  is  to  attend  the  meet- 
ings of  the  representative  council  and  give  such 
information  as  may  be  required.  Neither  the 
mayor  nor  any  alderman  shall  enter  into  or  be 


136  DIRECT  ELECTIONS 

interested  in  any  contract  with  the  city  or  any  de- 
partment ;  nor  shall  either  of  them  vote  upon  any 
proposition  or  with  reference  to  a  contract  between 
the  city  and  any  corporation  in  which  either  is  a 
stockholder. 

Provision  is  made  to  render  the  elections  as  far 
as  possible  unpartisan.  Nominations  of  candidates 
are  to  be  by  nomination  papers  filed  with  the  city 
clerk  at  least  twelve  days  before  election,  and  no 
nomination  paper  is  to  be  valid  in  respect  to  any 
candidate  whose  written  acceptance  is  not  thereon. 
No  party  emblems  or  names  are  permitted  on  these 
papers.  Nothing  is  to  be  printed  or  written  on  any 
except  the  name  and  residence  of  the  candidate  and 
the  office  for  which  he  is  nominated,  the  names  and 
addresses  of  the  nominators,  and  the  acceptance  of 
the  candidate.^  Nominations  of  candidates  for  the 
representative  council  are  to  be  signed  by  at  least 
thirty  electors  qualified  to  vote  upon  any  proposi- 
tion to  impose  a  tax  or  for  the  expenditure  of  money, 
and  residents  of  the  ward  from  which  the  candidate 
is  nominated ;  for  aldermen,  to  be  signed  by  at  least 
one  hundred  electors  of  the  same  class,  and  resid- 
ents of  the  city ;  for  school  committee,  by  at  least 
one  hundred  qualified  electors  of  the  city;  for 
mayor,  by  at  least  two  hundred  and  fifty  qualified 
electors.  No  one  is  permitted  to  sign  papers  for 
a  greater  number  of  candidates  than  he  has  a  right 

1  On  the  ballot  also  nothing:  is  to  be  "  printed  or  written  .  .  . 
except  the  name  of  the  candidate,  his  residence,  the  office  for 
which  he  is  nominated,  and  such  other  non-political  facta  as  the 
election  laws  of  this  State  may  require." 


THE  NEWPORT  PLAN  137 

to  vote  for  at  the  election  for  which  the  nominations 
are  made.  It  is  to  be  observed  that  under  the  Rhode 
Island  constitution  no  person  can  vote  in  the  elec- 
tion of  a  city  council,  or  upon  any  proposition  to 
impose  a  tax  or  for  the  expenditure  of  money,  who 
does  not  pay  a  property  tax  on  a  valuation  of  at 
least  one  hundred  and  thirty-four  dollars.  Thus  the 
general  electorate  may  vote  only  for  mayor  and  the 
school  board. 

The  representative  council  serves  without  com- 
pensation. The  mayor  and  the  alderman  are  sal- 
aried, their  salaries  to  be  fixed  by  the  represent- 
ative council. 

It  was  hoped  that  good  citizens  would  willingly 
serve  on  such  a  representative  board  as  here  pro- 
vided for  that  meets  only  three  or  four  times  a 
year,  who  could  or  would  not  serve  on  the  ordinary 
council  meeting  weekly  and  concerned  with  small 
details.  Experience  thus  far  has  shown  this  to  be 
the  case. 

This  charter  was  the  outcome  of  the  deliberation 
of  a  committee  of  twenty-seven  citizens,  in  1905- 
1906,  incited  to  the  task  by  a  Citizens  Municipal 
Association,  a  non-partisan  organization  for  the 
betterment  of  city  conditions.  The  committee  con- 
sidered with  much  thoroughness  the  various  sys- 
tems in  operation,  or  proposed,  designs  to  improve 
upon  the  common  form,  and  found  in  none  of  them 
wholly  the  desirable  thing. 

Of  the  two  most  popular  methods,  —  the  one 
greatly  enlarging  the  powers  of  the  executive,  the 


138  DIRECT  ELECTIONS 

other  creating  a  single  board  with  almost  absolute 
powers,  —  the  committee  succinctly  remarked: 
"  Each  of  these  methods,  while  sometimes  effi- 
cient, is  really  a  confession  that  the  people  wiU 
not  give  the  time  or  have  not  sufficient  civic  intel- 
ligence to  administer  their  own  affairs  ;  they  either 
create  a  temporary  dictator,  called  the  mayor,  or 
else  establish  a  small  board  to  whom  the  people 
surrender  their  powers.  The  logical  result  of  such 
a  system  is  the  creation  of  boards,  either  by  local 
appointment,  or  by  appointment  of  the  governor, 
to  whom  are  given  certain  specific  branches  of 
government  for  administration,  or  .  .  .  the  entire 
control  of  the  city."  ^ 

Hence  this  original  Newport  scheme. 

1  "Explanatory  Statement"  to  the  citizens  and  voters  of 
Newport,  Rhode  Island. 


THE  END 


SAMPLE  BALLOT 

SEATTLE  GENERAL  ELECTION 

MAECH  5,  1912 

Containing,  together  with  the  candidates,  seven  city 
propositions  and  twenty-seven  proposed  charter  amend- 
ments to  be  voted  upon  at  one  election. 


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PROPOSED  AMENDMENT  NO.  i 
Proposition  to  amend  subdivision  thirty-seventh  of  Sec- 
tion 18  of  Article  IV  of  the  Oharter  relating  to  the  extending 
and  establishing  of  streets,  over  and  across  tide  lands  and 
h»bor  areas,  and  the  improvement  of  same  for  use  as  public 
slips  or  wharves  and  eliminating  a  certain  condition  upon 
the  vacation  of  streets  extending  to,  or  proiecUng  Into  tide 
water,  as  set  forth  In  deuil  in  Resolution  No.  3471: 

FOR Q        AGAINST - Q 

PROPOSED  AMENDMENT  NO.  « 

Proposition  to  amend  subdivision  seventeenth  of  SecUon 
18  of  Article  IV  of  the  Charter,  empowering  the  City  Council 
lo  erect  and  establish  hospitals,  sanitariums,  sanatoriums  and 
isolation  hospitals,  and  to  control  and  regulate  the  same,  as 
set  forth  In  detail  In  Resolution  No.  3472: 

FOR D        AGAINST Q 

PROPOSED  AMENDMENT  NO.  7 

Proposition  to  amend  Section  1  of  Article  III  of  the  Char- 
ter by  providing  for  the  creation  by  ordinance  of  an  addi- 
tional department  to  be  known  as  the  "Department  of  Public 
Welfare,"  as  set  forth  in  detail  In  Resolution  No.  3473: 

FOR D         AGAINST n 

PROPOSED  AMENDMENT  NO.  8 

Proposition  to  amend  Section   18  of  Article  IV  of  the 

ment  of  Public  Welfare,"  as  set  forth  in  detail  la  Resolution 
No.  3474: 

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PROPOSITIONS  AND  AMENDMENTS 

VOTED  UPON  AT  THE 

SEATTLE  GENERAL  ELECTION 

MARCH  5,  1912 


PROPOSITION  NO.  1 

Shall  all  necessary  steps  and  pro- 
ceedings be  taken  and  had  by  The 
City  of  Seattle  to  own  and  oper- 
ate a  municipal  telephone  plant 
and  system,  as  set  forth  in  detail 
in  Resolution  No.  3490  : 

.D        NO D 


YES. 


PROPOSITION  NO.  2 

Shall  the  report  of  the  Municipal 
Plans  Commission,  being  File  No. 
46382  of  the  records  and  files  of 
the  City  Comptroller  and  ex-offlcio 
City  Clerk,  be  adopted,  as  set  forth 
in  detail  in  Resolutiou  No.  3494 : 
YES D        NO n 


PROPOSITION  NO.  3 

Shall  the  City  Council  grant  street 
railway  physical  extension  fran- 
chises upon  the  terms  of  the  fran- 
chise of  the  existing  line  to  be 
extended  which  terms  do  not  con- 
tain certain  provisions  of  Section 
20  of  Article  IV  of  the  Charter 
enabling  the  Council,  or  the  peo- 
ple, to  repeal,  modify,  forfeit  or 
abrogate  such  franchise,  or  to  pur- 
chase or  condemn  the  property 
of  the  grantee  within  the  public 
streets  at  fair  value  without  any 
valuation  of  the  franchise  itself, 
but  which  terms  do  contain  pro- 
visions enabling  the  city  to  repeal, 
change  or  modify  the  ordinance 
granting  the  existing  franchise  if 
such  franchise  is  not  operated  in 
accordance  with  such  ordinance, 
as  set  forth  in  detail  in  Resolution 
No.  3524  : 


NO. 


PROPOSITION  NO.  4 
'IN  FAVOR  of  the  proposition  and 
question  of  the  issuance  and  sale 
by  The  City  of  Seattle  of  the  nego- 
tiable bonds  of  said  City  to  the 
amount  of  Five  Hundred  Thousand 
Dollars  ($500,000),  for  the  purpose 
of  providing  money  for  the  im- 
provement of  parks,  parkways  and 
playgrounds,  as  set  forth  in  detail 
in    Ordinance  No.    28753  of  said 

City" D 

'AQAINST  the  proposition  and 
question  of  the  issuance  aud  sale 
by  The  City  of  Seattle  of  the  nego- 
tiable  bonds  of  said  City  to  the 
amount  of  Five  Hundred  Thous- 
and Dollars  ($500,000)  for  the  pur- 
pose of  providing  money  for  the 
improvement  of  parks,  parkways 
and  playgrounds,  as  set  forth  in 
detail  in  Ordinance  No.  28753  of 
said  City" D 


PROPOSITION  NO.  6 
"  IN  FAVOR  of  enlarging  the  Muni- 
cipal Light  and  Power  Plant  and 
System,  adding  to  and  extending 
the  same,  by  acquiring  by  purchase 
a  water  power  site  in  the  vicinity 
of  Lake  Cushman  for  the  develop- 
ment of  electricity  and  other  means 
of  power  and  facilities  for  light- 
ing, heating  and  power  purposes, 
public  and  private,  for  furnishing 
The  City  of  Seattle  and  the  in- 
habitants thereof,  and  any  other 
persons,  therewith,  as  specified  and 
adopted  in  Section  1  of  Ordinance 
No.  28796  of  said  City,  approved 
January  26th,  1912." D 

"AQAINST  enlarging  the  Municipal 
Light  and  Power  Plant  and  System, 
adding  to  aud  extending  the  same, 


142    PROPOSITIONS  AND  AMENDMENTS 


by  acquiring  by  purchase  a  water 
power  site  in  the  vicinity  of  Lake 
Cushman  for  the  development  of 
electricity  and  other  means  of 
power  and  facilities  for  lighting, 
heating  and  power  purposes,  public 
and  private,  for  furnishing  The 
City  of  Seattle  and  the  inhabitants 
thereof,  and  any  other  persons, 
therewith,  as  specified  and  adopted 
in  Section  1  of  Ordinance  No. 
28796  of  said  City,  approved  Janu- 
ary 26th,  1912. " D 


PROPOSITION  NO.  6 
'  IN  FAVOR  of  enlarging  the  Muni- 
cipal Light  and  Power  Plant  and 
System,  'adding  to  and  extending 
the  same  by  acquiring,  by  purchase, 
a  water  power  site  on  White  River 
for  the  development  of  electricity 
and  other  means  of  power  and 
facilities  for  lighting,  heating  and 
power  purposes,  public  and  private, 
for  furnishing  The  City  of  Seattle 
and  the  inhabitants  thereof,  and 
any  other  persons,  therewith,  as 
specified  and  adopted  in  Section  1 
of  Ordinance  No.  28797  of  said  City, 
approved  January  26th,  1912.". .  .□ 

'  AQAINST  enlarging  the  Municipal 
Light  and  Power  Plant  and  System, 
adding  to  and  extending  the  same 
by  acquiring,  by  purchase,  a  water 
power  site  on  White  River  for  the 
development  of  electricity  and 
other  means  of  power  and  facilities 
for  lighting,  heating  and  power 
purposes,  public  and  private,  for 
furnishing  The  City  of  Seattle  and 
the  inhabitants  thereof,  and  any 
other  persons,  therewith,  as  speci- 
fied and  adopted  in  Section  1  of 
Ordinance  No.  28797  of  said  City, 
approved  January  26th,  1912.".. .D 


PROPOSITION  NO.  7 
"  IN  FAVOR  of  the  proposition  and 
question  of  the  issuance  and  sale 
by  the  City  of  Seattle,  of  negoti- 
able bonds  of  said  city,  in  the  sum 
of  One  Hundred  Twenty-five  Thou- 
sand Dollars  (55125,000),  for  the 
purpose  of  providing  money  for 
strictly  municipal  purposes  as  fol- 
lows: 
"For  the  construction  of  hospitals, 
sanatoriums  and'  other  buildings 
and  structures  necessary  for  the 
treatment,  prevention  and  cure  of 


tuberculosis,  as  set  forth  in  detail 
in  Ordinance  No.  28799  of  said 
City." a 

'*  AGAINST  the  proposition  and 
question  of  the  issuance  and  sale 
by  the  City  of  Seattle,  of  negoti- 
able bonds  of  said  city,  in  the  sum 
of  One  Hundred  Twenty-five  Thou- 
sand Dollars  ($125,000),  for  the 
purpose  of  providing  money  for 
strictly  municipal^  purposes  as  fol- 
lows: 

"  For  the  construction  of  hospitals, 
sanatoriums  and  other  buildings 
and  structures  necessary  for  the 
treatment,  prevention  and  cure  of 
tuberculosis,  as  set  forth  in  detail 
In  Ordinance  No.  28799  of  said 
City." D 

PROPOSED  AMENDMENT  NO.  1 

Proposition  to  amend  the  Charter  by 
adding  thereto  a  new  Article  to  be 
known  as  Article  XXVI,  relating 
to  taxation  for  corporate  or  muni- 
cipal purposes,  by  gradually  ex- 
emping  improvements  on  land  from 
taxation,  as  set  forth  in  detail  in 
Resolution  No,  3333: 
FOR D    AGAINST... .D 

PROPOSED  AMENDMENT  NO.  2 

Proposition  to  amend  the  Charter  by 
adding  thereto  a  new  Article  to  be 
known  as  Article  XXVII,  relating 
to  taxation  for  corporate  or  muni- 
cipal purposes,  providing  for  the 
exemption  from  taxation  of  per- 
sonal property  and  improvements; 
and  relating  to  the  imposition,  by 
ordinance,  of  taxes  or  fees  on  cer- 
tain occupations  and  industries,  as 
set  forth  in  detail  in  Resolution 
No.  3457 : 
FOR D    AGAINST. ...D 


PROPOSED  AMENDMENT  N0.3 
Proposition  to  amend  the  Charter  by 
adding  thereto  a  new  Article  to  be 
known  as  Article  XXVIII,  relating 
to  publicity  as  to  qualifications  and 
fitness  of  candidates  for  office,  as 
set  forth  in  detail  in  Resolution 
No.  3468 : 
FOR □    AGAINST.... n 


PROPOSED  AMENDMENT  NO.  4 

Proposition    to    amend    subdivision 
seventh  of  Section  18  of  Article  IV 


PROPOSITIONS  AND  AMENDMENTS    143 


of  the  Charter,  vesting  in  The  Port 
of  Seattle  for  harbor  development 
purposes  control  of  certain  prop- 
erty and  rights  upon  certain  con- 
ditions, as  set  forth  in  detail  in 
Resolution  No.  3470  :  { 

POR D    AQAINST....n 


PROPOSED  AMENDMENT  NO.  6 

Jproposition  to  amend  subdivision, 
thirty-seventh  of  Section  18  of 
Article  IV  of  the  Charter  relating 
to  the  extending  and  establishing 
of  streets,  over  and  across  tide 
lands  and  harbor  areas,  and  the 
improvement  of  same  for  use  as 
public  slips  or  wharves  and  elimin- 
ating a  certain  condition  upon  the 
vacation  of  streets  extending  to, 
or  projecting  into  tide  water,  as 
set  forth  in  detail  in  Resolution 
No.  3471 : 
POR D    AGAINST.... D 


PROPOSED  AMENDMENT  NO.  6 

Proposition  to  amend  subdivision 
seventeenth  of  Section  18  of  Ar- 
ticle IV  of  the  Charter,  empower- 
ing the  City  Council  to  erect  and 
establish  hospitals,  sanitariums, 
Banatoriums  and  isolation  hospi- 
tals, and  to  control  and  regulate 
the  same,  as  set  forth  in  detail  in 
Resolution  No.  3472  : 
POR D    AGAINST.... D 


PROPOSED  AMENDMENT  NO.  7 
Proposition  to  amend  Section  1  of 
Article  III  of  the  Charter  by  pro- 
Tiding  for  the  creation  by  ordin- 
ance of  an  additional  department 
to  be  known  as  the  "  Department 
of  Public  Welfare,"  as  set  forth  in 
detail  in  Resolution  No.  3473  : 
POR D    AGAINST.... D 

PROPOSED  AMENDMENT  NO.  8 

Proposition  to  amend  Section  18  of 
Article  IV  of  the  Charter,  relating 
to  the  powers  and  duties  of  the 
••  Department  of  Public  Welfare," 
as  set  forth  in  detail  in  Resolution 
No.  3474: 

POR D    AGAINST.... □ 

PROPOSED  AMENDMENT  NO.  9 

Proposition  to  amend  Section  8  of 
Article  IV  of  the  Charter,  provid- 


ing for  an  expert  examination  of 
the  books  of  the  City  Treasurer 
and  City  Comptroller  at  least  once 
each  year,  as  set  forth  in  detail  in 
Resolution  No.  3475 : 


FOR. 


D    AGAINST. 


PROPOSED  AMENDMENT  NO.  10 
Proposition  to  amend  paragraph  fifth 
of  Section  18  of  Article  IV  of  the 
Charter,  and  eliminating  the  pro- 
vision that  no  bonds  of  The  City 
of  Seattle  shall  be  issued  for  a 
longer  period  than  twenty  years, 
as  set  forth  in  detail  in  Resolution 
No.  3476 : 
POR n    AGAINST.... D 


PROPOSED  AMENDMENT  NO.  11 
Proposition  to  amend  paragraph  "  A  " 
of  subdivision  thirty-second  of 
Section  18  of  Article  IV  of  the 
Charter,  by  including  in  the  boun- 
daries of  saloon  patrol  district  No. 
4  part  of  the  business  portion  of 
the  former  City  of  Georgetown,  as 
set  forth  in  detail  in  Resolution 
No.  3477 : 
POR D    AGAINST. ...D 


PROPOSED  AMENDMENT  NO.  12 
Proposition  to  amend  paragraph 
"L"  of  subdivision  thirty-second 
of  Section  18  of  Article  IV  of  the 
Charter  by  providing  that  the  pre- 
sent saloon  locations  in  the  City  of 
Seattle,  which  conform  to  the  other 
provisions  of  the  Charter,  shall  re- 
main as  they  now  are  until  Decem- 
ber 31,  1915,  as  set  forth  in  detail 
in  Resolution  No.  3478  : 
POR D    AGAINST.. ..ri 


PROPOSED  AMENDMENT  NO.  13 
Proposition  to  amend  subdivision 
thirty-second  of  Section  18  of  Arti- 
cle IV  of  the  Charter,  by  adding 
thereto  a  paragraph  to  be  known 
as  paragraph  "  O,"  which  provides 
that  all  saloon  licenses  shall  be 
subject  to  the  initiative  and  refer- 
endum vote  by  the  people,  as  set 
forth  in  detail  in  Resolution  No. 
3479: 
POR....n   AGAINST... n 


PROPOSED  AMENDMENT  NO.  14 

Proposition  to  amend  Section  18  of 

Article  IV  of  the  Charter  by  add- 


144    PROPOSITIONS  AND  AMENDMENTS 


ing  thereto  a  subdivision  to  be 
known  as  subdivision  forty-fifth, 
providing  for  the  e£.labli8hmeDt  and 
maintenance  of  a  city  newspaper, 
as  set  forth  in  detail  in  Resolution 
No.  3480 : 
FOR  .  .D    AGAINST.... D 


PROPOSED  AMENDMENT  NO.  15 
Proposition  to  amend  Section  1  of 
Article  IV  of  the  Charter,  provid- 
ing that  the  legislative  powers  of 
the  City  shall  be  vested  in  the  City 
Council  and  divesting  the  Mayor 
of  the  veto  power,  as  set  forth  in 
detail  in  Resolution  No.  3481 : 
rOR....D    AGAINST... -D 

PROPOSED  AMENDMENT  NO.  16 

Proposition  to  amend  Section  16  of 
Article  IV  of  the  Charter,  divest- 
ing the  Mayor  of  the  veto  power, 
as  set  forth  in  detail  in  Resolution 
No.  3482 : 
POR....n    AGAINST... n 


PROPOSED  AMENDMENT  NO.  17 
Proposition  to  amend  Section  2  of  Ar- 
ticle VII  of  the  Charter,  and  pro- 
viding that  in  case  the  Chief  of 
Police  shall  be  appointed  from  the 
classified  civil  service,  and  shall  not 
be  removed  for  cause,  he  shall,  upon 
retirement  from  the  office  of  Chief 
of  Police,  resume  his  former  posi- 
tion in  the  classified  civil  service, 
as  set  forth  in  detail  in  Resolutoin 
No.  3483: 
FOR....D    AGAINST. ...D 

PROPOSED  AMENDMENT  NO.  18 

Proposition  to  amend  subdivision 
second  of  Section  18  of  Article  IV 
of  the  Charter,  providing  for  ex- 
emption from  taxation  for  a  term 
not  exceeding  ten  years  of  all  ma- 
chinery and  equipment  of  dry 
docks,  shipyards,  foundries,  ma- 
chine shops  and  canneries  ;  also  of 
all  factories  engaged  in  the  mantv 
facture  of  fabrics  of  cotton,  wool, 
iron,  wood  or  any  other  material 
whatever,  as  set  forth  in  detail  in 
Resolution  No.  3484  : 
rOR....a    AGAINST.. ..D 

PROPOSED  AMENDMENT  NO.  19 

Proposition  to  amend  Section  14  of 

Article  Vni  of  the  Charter,  pro- 


viding that  all  public  improvements 
to  be  made  or  supplies  to  be  pur- 
chased by  contract  shall  be  let  to 
the  lowest  bidder  therefor;  also  that 
such  bids  shall  be  accompanied  by 
certified  check  or  surety  bond  for 
five  per  cent  of  amount  of  bid,  as 
set  forth  in  detail  in  Resolution  No. 
3485: 

FOR....D   AGAINST.... D 


PROPOSED  AMENDMENT  NO.  20 

Proposition  to  amend  Section  2  of 
Article  XI  of  the  Charter,  by  ex- 
empting the  Chief  of  the  Fire  De- 
partment from  Civil  Service  and 
providing  that  in  case  he  shall  be 
appointed  from  the  classified  civil 
service,  he  shall,  upon  retirement 
from  office  of  Chief  be  entitled  to 
resume  his  former  position  in  the 
classified  service,  as  set  forth  in 
detail  in  Resolution  No.  3486 : 
FOR....n    AGAINST.... D 


PROPOSED  AMENDMENT  NO.  21 

Proposition  to  amend  Sections  1,  2, 
3,  4,  6,  7,  8,  9,  10,  n,  12, 13,  14,  15, 
17,  18,  27,  28,  29,  30,  31,  32,  33  and 
35  of  Article  XVI  of  the  Charter, 
relating  to  the  Department  of  Civil 
Service  and  Efficiency,  as  set  forth 
in  detail  in  Resolution  No.  3487  : 

POR....n  AGAINST. ...n 


PROPOSED  AMENDMENT  NO.  22 
Proposition  to  amend  Sections  1  and 
2  of  Article  XVII  of  the  Charter, 
providing  that  the  Mayor  shall  re- 
ceive an  annual  salary  of  97,600, 
and  that  all  salaries  shall  be  paid 
at  such  times  and  in  such  manner 
as  maybe  prescribed  by  ordinance, 
as  set  forth  in  detail  in  Resolution 
No.  3488 : 
POR.  .D    AGAINST.... D 


PROPOSED  AMENDMENT  NO.  23 
Proposition  to  amend  Article  XXIII 
of  the  Charter,  providing  that  all 
contractors  and  sub-contractors 
performing  local  improvement 
work  for  the  city  shall  pay  or  cause 
to  be  paid  to  their  employes  not 
less  than  the  current  rate  of  wages 
paid  by  The  City  of  Seattle  for 
•work  of  like  character,  and,  in  any 
event,  not  less  than  $2.75  per  day, 


PROPOSITIONS  AND   AMENDMENTS    145 


and  shall  give  preference  to  resi- 
dent laborers,  as  set  forth  in  detail 
in  Resolution  No.  3489  : 

POR....n    AQAINST....n 


PROPOSED  AMENDMENT  NO.  24 
Proposition  to  amend  section  1  of  Ar- 
ticle XVIII  of  the  Charter,  provid- 
ing for  the  adoption  of  the  prefer- 
ential ballot  and  system  of  electing 
public  officers,  eliminating  thereby 
one  election  annually,  as  set  forth 
in  detail  in  Resolution  No.  3491 : 

FOR....D    AGAINST. ...D 

PROPOSED  AMENDMENT  NO.  25 

Proposition  to  amend  subdivisions  fif- 
teenth and  fifteenth  (a)  of  Section 
18  of  Article  IV  of  the  Charter,  re- 
lating to  the  powers  of  the  City  to 
acquire,  construct,  maintain  and 
operate  certain  public  utilities,  in- 


cluding telephones  and  ferries,  as 
set  forth  in  detail  in  Resolution  No. 
3495 : 
POR....n    AGAINST. ...D 


PROPOSED  AMENDMENT  NO.  26 

Proposition  to  amend  Section  4  of  Ar- 
ticle XVIII  of  the  Charter,  provid- 
ing that  at  all  elections  the  polls 
shall  be  opened  at  eight  o'clock 
A.M.  and  close  at  eight  o'clock  p.m., 
as  set  forth  in  detail  in  Resolution 
No.  3498 : 
FOR...D    AGAINST. ...D 


PROPOSED  AMENDMENT  NO.  27 

Proposition  to  amend  Sections  3  and 
13  of  Article  XIX  of  the  Charter, 
relating  to  qualifications  of  elective 
and  appointive  officers,  as  set  forth 
in  detail  in  Resolution  No.  3500  : 

FOB.-.a   AGAINST. ...D 


SAMPLE  BALLOT 

SEATTLE  SPECIAL  ELECTION 

MARCH  5,  1912 

Containing  eight  propositions  adopted  by  the  port  com- 
missioners to  be  voted  upon. 

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upon  to  vote  for  the  officers  of  the  city  and  for  forty- 
two  propositions  for  the  welfare  of  the  city. 


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BIBLIOGRAPHY 


BIBLIOGRAPHY 

Beard,  Charles  A.,  and  Birl  E.  Shultz,  Docu- 
ments on  the  State- Wide  Initiative,  Keferendum, 
and  Recall.   1912. 

Boyle,  James,  The  Initiative  and  Referendum :  Its 
Folly,  Fallacies,  and  Failure.  1912. 

Bradford,  Ernest  F.,  Commission  Government  in 
American  Cities.  1911. 

BucKLiN,  James  W.,  The  Grand  Junction  Plan  of 
City  Government  and  Its  Results.  1911. 

Butler,  Nicholas  Murray,  Why  Should  We  Change 
our  Form  of  Government  ?  1912. 

Chadwick,  French  E.,  The  Newport  Plan.  In  Wood- 
ruff, City  Government  by  Commission.  1911. 

Chandler,  Alfred  D.,  Local  Self-Government : 
Elective  Town  Meetings  for  Large  Towns,  with  a 
General  Legislative  Bill  therefor,  and  the  Recent 
Charter  of  the  City  of  Newport,  Rhode  Island,  based 
thereon.  1908. 

Childs,  Richard  S.,  The  Story  of  the  Short-Ballot 
Cities.  An  Explanation  of  the  Success  of  the  Com- 
mission Form  of  Municipal  Government.  1911. 

Short-Ballot  Principles.  1911. 

Commons,  John  R.,  Referendum  and  Initiative  in 
City  Government.  1902. 

Proportional  Representation.    Second  ed.  With 

Chapters  on  the  Initiative,  the  Referendum,  and 
Primary  Elections.  1907. 

Cree,  Nathan,  Direct  Legislation  by  the  People. 
1892. 

Deming,  Horace  E.,  The  Government  of  American 


164  BIBLIOGRAPHY 

Cities.  A  Program  of  Democracy.  .  .  .  Also  a  Re- 
print of  The  Municipal  Program  of  the  National 
Municipal  League.  1909. 

Eliot,  Charles  W.,  Better  Municipal  Government. 
In  Loose  Leaf  Digest  of  Short  Ballot  Charters.  1911. 

Equity  Series.  1910,  1911,  1912. 

GiLBERTsoN,  H.  S.,  The  Practice  of  the  Recall.  In 
Loose  Leaf  Digest,  etc.  1911. 

GooDNOW,  Frank  J.,  City  Government  in  the  United 
States.  1904. 

Municipal  Government.  1909. 

Hamilton,  John  J.,  The  Dethronement  of  the  City 
Boss.  Being  a  Study  of  the  Commission  Plan  as 
begun  in  Galveston,  developed  and  extended  in  Des 
Moines,  and  already  taken  up  by  many  other  Cities 
East  and  West.  1910. 

Hart,  Albert  Bushnell,  Observations  in  Texas 
Cities.  In  Woodruff,  City  Government  by  Commis- 
sion. 1911. 

Hart  WELL,  Edward  M.,  City  of  Boston  Statistics 
Department.  Referenda  in  Massachusetts  and  Bos- 
ton. 1910. 

Hendrick,  Burton,  The  Initiative  and  Referendum 
and  How  Oregon  Got  Them.  In  McClure's  Maya- 
zine,  July,  1911. 

Law-Making  by  the  Voters  :  How  the  People  of 

Oregon,  working  under  the  Initiative  and  the  Refer- 
endum, have  become  their  own  Political  Bosses.  In 
McClure's  Magazine,  August,  1911. 

The  "  Recall "  in  Seattle :  How  the  People  Dis- 


lodged a  Mayor  whose  Administration  the  "  Vice 
Syndicate  "...  Ruled  a  City.  In  McClure's  Maga- 
zine, October,  1911. 
Highborn,  Franklin,  Story  of  the  Session  of  the  Cali- 
fornia Legislature  of  1911.  1911. 


BIBLIOGRAPHY  155 

HoAG,  William,  Preferential  Voting.  In  Equity  Se- 
ries. 1910. 

Howe,  Frederic  C,  Wisconsin:  an  Experiment  in 
Democracy.  1912. 

Humphreys,  John  H.,  Proportional  Representation: 
a  Study  in  Methods  of  Election.  1911. 

LiEB,  Hermann,  The  Initiative  and  Referendum,  1902. 

LoBiNGiER,  Charles  Sumner,  The  Peoples'  Law  or 
Popular  Participation  in  Law  Making,  from  Ancient 
Folk-moot  to  Modern  Referendum.  1909. 

Loose  Leaf  Digest  of  Short  Ballot  Charters,  a 
Documentary  history  of  the  Commission  Form  of 
Municipal  Government.  1911,  1912. 

Lowell,  A.  Lawrence,  Government  and  Parties  in 
Continental  Europe.  Vol.  II.  1896. 

Lytton,  Edward  C.,  The  Des  Moines  Plan  of  Com- 
mission Government.  Digest  and  References.   1910. 

McCall,  Samuel  W.,  Representative  as  against  Direct 
Government.  In  Atlantic  Monthly,  October,  1911. 

MacGregor,  Ford  H.,  City  Government  by  Commis- 
sion, 1909. 

Munro,  William  B.,  The  Galveston  Plan.  In  Wood- 
ruff, City  Government  by  Commission.  1911. 

New  Charter  for  the  City  of  Cambridge,  Massa- 
chusetts. 1911. 

Oberholtzer,  Ellis  Paxson,  Law-Making  by  Popu- 
lar Vote :  or  the  American  Referendum.  1891. 

The  Referendum  in  America :  a  Discussion  of 

Law-Making  by  Popular  Vote.  1893. 

The  Referendum  in  America,  together  with  some 


Chapters  on  the  Initiative  and  the  Recall.  New  ed. 
1911. 
SwENSON,  Lauritz  S.  [Letter  on  the  Initiative  and 
Referendum    in    Switzerland.]     In    Congressional 
Eecordy  August  19,  1911. 


156  BIBLIOGRAPHY 

Tyson,  Robert,  Preferential  "Voting.  In  Loose  Leaf 
Digest  of  Short  Ballot  Charters.  1911. 

Vincent,  John  Martin,  State  and  Federal  Govern- 
ment in  Switzerland.  1891. 

Wilson,  Woodrow,  The  State.  Elements  of  Historical 
and  Practical  Politics.  Revised  eds.,  1898  and  1900. 

Constitutional  Government  in  the  United  States. 

1908. 

Woodruff,  Clinton  Rogers,  editor,  City  Govern- 
ment by  Commission.  [Contains  papers  presented  to 
the  National  Municipal  League.]  1911. 


INDEX 


INDEX 


Abbott,  L.  J.,  article  of,  on 
"The  Initiative  and  Refer- 
endum in  Oklahoma,"  cited, 
40. 

Adams,  John,  Life  and  Works 
of,  cited,  7,  8. 

Alabama,  commission  govern- 
ment enabling  acts  in,  102, 
103 ;  preferential  voting  sys- 
tem in,  104;  commission 
cities  in,  104. 

Arizona,  Initiative  and  Refer- 
endum in,  43 ;  State-wide  Re- 
call in,  62-63;  President 
Taft's  veto  of  the  judicial 
recall  provision  with  its  ap- 
plication for  statehood,  63- 
69;  the  rejected  provision 
restored  by  the  new  state 
legislature,  70. 

Arkansas,  Initiative  and  Refer- 
endum in,  43;  introduction 
of,  into  local  district,  43,  44. 

Ashland,  mayor  of,  overcomes 
the  Recall,  76. 

Austin,  commission  government 
in,  99. 

Australia,  preferential  voting 
in,  117. 

Beard,  Charles  A.,  and  Birl  E. 
Shultz,  their  "  Documents  on 
the  State-wide  Initiative,  Re- 
ferendum and  Recall,"  cited, 
2,  42,  43,  57,  61,  70. 

Beaumont,  commission  govern- 
ment in,  86. 

Berkeley,  commission  govern- 
ment in,  100. 

Birmingham,  commission  gov- 
ernment in,  104. 


Bluefield,  commission  govern- 
ment in,  99. 

Body  of  Liberties,  Initiative 
in,  2,  3. 

Bosses,  old  and  new,  48. 

Boston,  town  meetings  in,  6, 7 ; 
revised  city  charter  of  (1909), 
106-111. 

Bucklin,  James  M.,  his  "The 
Grand  Junction  Plan  of  City 
Government  and  its  Results," 
cited,  120,  122,  123 ;  opinion 
of,  on  its  preferential  voting 
feature,  120-121. 

California,  Initiative  and  Re- 
ferendum in,  43,  44;  home- 
rule  city  charter  in,  45,  55; 
the  Recall  first  in  a  city  of, 
51 ;  commission  cities  in,  55, 
100,  102,  105;  State-wide 
Recall  in,  57-62 ;  Recall  di- 
rected against  mayors  of  cities 
in,  76. 

Cambridge,  Constitutional  con- 
vention (1779-1780)  in,  8; 
proposed  commission  charter 
for,  with  scheme  of  prefer- 
ential voting,  124,  126;  the 
act  not  accepted  by  the  citi- 
zens, 126 ;  129  note. 

Chandler,  Alfred  D. ,  his  "  Local 
Self  Government,"  cited,  113. 

Colonial  period,  the  incipient 
Referendum  in,  5. 

Colorado,  location  of  capital  of, 
by  Referendum,  12;  Initia- 
tive and  Referendum  in,  43 ; 
their  early  introduction  into 
local  districts,  43,  44  ;  home- 
rule  charters  in,  45 ;  the  Re- 


160 


INDEX 


call  authorized  in  home-rule 
cities,  77 ;  commission  gov- 
ernment cities  in,  99,  120. 

Commission  government  for 
cities,  45 ;  a  Southern  inven- 
tion, 78;  first  instituted  in 
Galveston,  78  ;  the  Galveston 
Plans,  78-82 ;  in  other  Texas 
cities,  82-89,  99;  Houston's 
"Improved  Plan,"  83-85; 
spreading  to  other  states,  88  ; 
enabling  acts  in  North  Da- 
kota, 88,  Kansas,  88,  98, 
Iowa,  88,  89-97,  Mississippi, 
97,  Minnesota,  97,  Texas,  98, 
Michigan,  98,  Wisconsin,  98, 
South  Dakota,  98,  New 
Mexico,  98,  South  Carolina, 
100,  Kentucky,  100,  Illinois, 
100,  Louisiana,  100,  101, 
New  Jersey,  102-103,  Ala- 
bama, 102, 103-104,  Montana, 
102,  104-105,  Washington, 
102 ;  the  Des  Moines  Plan, 
89-97  ;  commission  cities  :  in 
Iowa,  Massachusetts,  97,  in 
Texas,  Massachusetts,  West 
Virginia,  North  Carolina, 
Tennessee,  Oklahoma,  Colo- 
rado, California,  Washington, 
99,  in  Massachusetts,  101,  in 
Maryland,  Michigan,  Oklaho- 
ma, California,  Oregon,Wash- 
ington,  102,  in  Kansas,  Cali- 
fornia, Washington,  Ne- 
braska, Tennessee,  North 
Carolina,  Georgia,  West  Vir- 
ginia, Michigan,  Massachu- 
setts, Maine,  105 ;  number  un- 
der the  system  at  end  of  191 1 , 
105-106 ;  "  quasi  commis- 
sion "  cities,  106 ;  underlying 
principles  of  the  "  straight " 
commission  form.  111;  ad- 
vantages claimed  for,  111- 
112  ;  evils  of,  that  critics  see, 
112-113. 

Connecticut,   first  constitution 


of,  submitted  to  the  peo- 
ple, 10;  the  Constitutional 
amendment  Referendum  an 
invention  of,  11 ;  enabling 
acts  of  for  the  Initiative  and 
Referendum  in  local  afEairs, 
45. 
Constitutions.  See  State  Con- 
stitutions. 

Dallas,  school  board  of,  re- 
called, 99. 

Dallas  Plan,  The,  commission 
government,  45,  86-87. 

Delaware,  new  constitution  of, 
adopted  without  the  popular 
vote,  11  and  note. 

Democratic  Party,  19. 

Denmark,  preferential  voting 
in,  118. 

Des  Moines  Plan,  The,  commis- 
sion government,  45,  89-97, 
99,  102. 

Dilling,  George  W.,  mayor  of 
Seattle,  73,  74. 

Eliot,  Charles  W.,  article  of,  on 
"  Better  Municipal  Govern- 
ment," cited,  78,  79. 

England,  preferential  voting  in 
parliamentary  elections,  117. 

Equity  Series,  cited,  117,  119, 
121,  122. 

Farmers'  Alliance,  The,  19. 

Fawcett,  A.  V.,  mayor  of  Ta- 
coma,  recalled,  75. 

Federation  of  Labor,  48. 

Florida,  enabling  acts  of,  for 
the  Initiative  and  Referen- 
dum in  local  affairs,  45. 

Fort  Worth,  commission  gov- 
ernment in,  86. 

Galveston,  commission  form  of 
government  first  instituted 
in,  45,  78. 

Galveston  Plan,  The,  commia- 


INDEX 


161 


sion  government,  first,  79- 
80 ;  second,  80-82. 

Gardiner,  Recall  broug-ht 
against  commissioners  of,  76. 

Georgia,  constitution  of,  sub- 
mitted to  the  people,  10; 
commission  cities  in,  105. 

Gilberton,  H.  S.,  article  of,  on 
the  Recall,  cited,  75,  76. 

Gill,  Hiram  C,  mayor  of  Seat- 
tle, recalled,  73,  74. 

Gloucester,  commission  govern- 
ment in,  97. 

Grand  Junction,  commission 
government  in,  99,  120. 

Grand  Junction  method,  pre- 
ferential voting,  102, 117  note, 
120,  121 ;  endorsement  of, 
120-121,  123;  flaws  in,  that 
critics  see,  122 ;  124,  126. 

"  Grandfather  clause,  The,"  11, 
39. 

Grange,  The,  47. 

Hare  method,  preferential  vot- 
ing, 118. 

Hart,  Albert  B.,  article  of,  on 
"Observations  on  Texas  Ci- 
ties "  cited,  79. 

Hartwell,  Edward  M.,  his  "  Re- 
ferendum in  Massachusetts 
and  Boston,"  cited,  2,  3, 4,  5, 
6,  7,  8,  10. 

Haverhill,  commission  govern- 
ment in,  97. 

Hendricks,  Burton  J.,  article 
of,  on  "  The  Recall  in  Seat- 
tle," cited,  73,  74. 

Hoag,  William,  article  of,  on 
"  Preferential  Voting,"  cited, 
119;  comment  of,  on  the 
Grand  Junction  method,  122 ; 
compared  with  the  English 
system,  123-124;  diagram  of 
a  standard  Preferential  bal- 
lot, 123,  12.5. 

**  Home-rule  "  charters,  45,  51, 
98,  102;  Recall  in,  55,  77. 


Houston  Plan,  The,  commmis- 
sion  government,  83-85. 

Humphreys,  John  H.,  his  "  Pro- 
portional Representation," 
cited,  116,  117,  118,  119, 
120. 

Huron,  Recall  brought  against 
the  mayor  and  city  council  of, 
75-76. 

Idaho,  Initiative  and  Referen- 
dum in,  43;  State-M'ide  Re- 
call in,  70;  judicial  officers 
exempted  from  the  Recall 
in,  77  ;  commission  cities  in,  88. 

Illinois,  commission  govern- 
ment enabling  act  of,  100; 
commission  cities  in,  101- 

Initiative,  The,  definition  of,  1 ; 
early  American  type  of,  2; 
first  in  Plymoutli  Colony,  2; 
in  Massachusetts  Bay  Colony, 
2;  "Instructions"  to  repre- 
sentatives, 2,  3  ;  principles  of, 
exercised  in  early  town  meet- 
ings, 3,  12  ;  underlying  prin- 
ciples of  the  early  American 
type,  13 ;  the  Swiss  type,  13- 
15 ;  the  modern  American 
system,  19;  rise  of,  in  the 
West,  20 ;  establishment  of, 
in  South  Dakota,  20,  in  Utah, 
21,  Oregon,  22,  Missouri,  34, 
Nevada,  35.  Montana,'-  36, 
Oklahoma,  87,  Maine,  41,  42, 
Michigan,  42,  Arkansas,  Colo- 
rado, California,  Arizona,  43 ; 
amendments  providing  for, 
pending  in  Washington,  Ne- 
braska, Idaho,  Wyoming, 
North  Dakota,  43;  in  com- 
mission city  governments,  45 ; 
comments  on  workings  of,  in 
Oregon,  46-47,  in  South  Da- 
kota, 47 ;  50,  77. 

Initiative,  Referendum,  and 
Recall,  generally  features  of 
the  commission  form  of  gov- 


162 


INDEX 


ernment  for  cities,  45-46,  86, 
98,  101,  103. 
Iowa,  Initiative  and  Referen- 
dum early  introduced  into 
local  districts  of,  44 ;  law  of, 
embodying  the  Des  Moines 
Plan,  87-88;  commisBion  ci- 
ties in,  97. 

Jones,  Rufus  M.,his  "  The  Qua- 
kers in  the  American  Colo- 
nies," cited,  50  note. 

Judges,  Recall  of,  in  Oregon, 
56,  in  California,  57,  in  Ari- 
zona, 62, 70 ;  President  Taf  t's 
veto  of  the  Arizona  constitu- 
tion, 63-69 ;  in  Nevada,  and 
North  Dakota,  70  ;  Oregon 
first  to  operate  the  device, 
71 ;  States  in  which  it  was 
established  in  1912,  77. 

Junction  City,  mayor  of,  re- 
caUed,  76. 

Kansas,  location  of  capital  of, 
by  the  Referendum,  12 ;  com- 
mission government  enabling 
acts  of,  88,  98;  commission 
cities  in,  105. 

Kentucky,  new  constitution  of, 
adopted  without  the  popular 
vote,  11  and  note  ;  commission 
govenmient  enabling  act  of, 
100. 

Laws,  first  code  of,  in  Plymouth 
Colony,  and  the  Referendum, 
3 ;  in  Massachusetts  Bay  Col- 
ony, 3. 

Legislatures,  the  Referendum 
on  constitutional  amendments 
proposed  by,  11;  the  Referen- 
dum on  statutory  legislation 
by,  11. 

Lewiston,  Idaho,  commission 
government  early  in,  88. 

Loose  Leaf  Digest  of  Short- 
Ballot  Charters,  cited,  55,  78, 


82,  85,  86,  88,  96,  97,  98,  99, 
100,  101,  103, 104,  105, 106, 
111,  116, 122. 

Los  Angeles,  The  Recall  first 
instituted  in,  51 ;  provisions 
of  charter  oif,  51-52  ;  early 
operations  of  the  device  in, 
53-54 ;  comment  on  its  work- 
ings, 54-55 ;  72 ;  96.  ^ 

Louisiana,  new  institutions  of, 
adopted  without  the  popular 
vote,  11,  and  note;  commis- 
sion government  enabling  act 
of,  100. 

Lowell,  A.  Lawrence,  his  "  Gov- 
ernment and  Parties  in  Con- 
tinental Europe,"  cited,  19, 
48 ;  opinion  of,  on  the  Initia- 
tive, 48. 

Lynn,  commission  government 
in,  101,  102. 

MoCall,  Samuel  W.,  article  of, 
on  "  Representative  as  against 
Direct  Government,"  cited, 
49 ;  opinion  of,  on  direct  leg- 
islation, 49. 

Maine,  first  constitution  of,  sub- 
mitted to  the  people,  10; 
Initiative  and  Referendum  in, 
41 ;  first  experience  with,  42 ; 
their  introduction  into  local 
districts,  44 ;  commission  cit- 
ies in,  105. 

Maryland,  commission  city  in, 
102. 

Massachusetts,  first  definitive 
Referendum  in,  5;  constitu- 
tion referenda  in,  5,  6,  7,  8, 
10;  first  Referendum  on  the 
Constitutional  convention  pro- 
posal, 7 ;  on  the  question  of 
revision,  10 ;  on  amendments 
proposed  by  the  legislature, 
11 ;  proposed  constitutional 
amendment  establishing  the 
modern  Initiative  in,  de- 
feated,   34 ;    the    Initiative 


INDEX 


163 


and  Referendum  in  local  af- 
fairs, 45;  commission  cities 
in,  97,  99,  101,  1U2. 

Massachusetts  Bay  Colony,  first 
Initiative  in,  2, 3 ;  first  Kef  er- 
endum  in,  3. 

Massachusetts  Bay  Colony  Re- 
cords, cited,  3. 

Massachusetts,  General  Court, 
Instructions  to  representa- 
tiyes  in,  2,  3;  early  orders 
of,  cited,  3,  4;  resolves  of, 
cited,  5 ;  34. 

Memphis,  commission  govern- 
ment in,  99. 

Michigan,  constitution  of,  sub- 
mitted to  the  people,  10 ;  In- 
itiation and  Referendum  in, 
42;  provision!}  for,  in  local 
affairs,  45;  home-rule  char- 
ters with  the  commission 
form,  in,  45,  98 ;  commission 
cities  in,  102,  105. 

Minnesota,  commission  govern- 
ment enabling  act  of,  98. 

Mississippi,  new  constitution  of, 
adopted  without  the  popular 
vote,  11  and  note ;  commission 
government  law  of,  97. 

Missouri,  Initiative  and  Refer- 
endum in,  34 ;  first  experience 
with,  35 ,  home-rule  charters 
in,  45. 

Montana,  location  of  capital  of, 
by  the  Referendum,  12 ;  In- 
itiative and  Referendum  in, 
36-37,  44 ;  commission  gov- 
ernment enabling  act  of, 
102, 104.  See  Publicity  Pam- 
phlet. 

Montgomery,  commission  gov- 
ernment in,  104. 

Munro,  William  B.,  article  of, 
on  "The  Galveston  Plan," 
cited,  78,  80. 

Nebraska,  Initiative  and  Refer- 
endum in,  43;  Swiss  types 


first  in  local  districts  of,  44 ; 
commission  cities  in,  105. 

Nevada,  Initiative  and  Referen- 
dum in,  35-36 ;  first  applica- 
tion of  the  Referendum  in,  36. 

New  England  Town  meeting. 
See  Town  meeting. 

New  Hampshire,  first  constitu- 
tion of,  8;  second  constitu- 
tion of,  8,  9;  constitution 
Referendum  in  1792, 9-10. 

New  Jersey,  commission  gov- 
ernment enabling  act  of,  102- 
103;  commission  cities  in, 
103. 

New  Mexico,  commission  gov- 
ernment enabling  act  of,  98. 

Newport  Plan,  The,  131-138; 
based  on  the  town  meeting 
principle  of  local  self-gov- 
ernment, 131 ;  described, 
131-138 ;  "  explanatory  state- 
ment" by  framers  of,  137- 
138. 

New  York,  constitution  of,  sub- 
mitted to  the  people,  10; 
amendment  Referendum  in, 
11. 

Nevada,  State-wide  Recall  in, 
70. 

North  Carolina,  constitution  of, 
submitted  to  the  people,  10 ; 
Initiative  and  Referendum 
in,  45 ;  commission  cities  in, 
99,  105. 

North  Dakota,  Initiative  and 
Referendum  in,  43;  State- 
wide Recall  in,  70 ;  commis- 
sion government  enabling  act 
of,  88. 

Oakland,  commission  govern- 
ment in,  105. 

Oberholtzer,  Ellis  P.,  his  "  The 
Referendum  in  America," 
cited,  1,  2,  9,  10,  11, 12,  20, 
22,  23,  25,  26,  28,  29,  31,  32, 
33,  35,  36,  40,  41,  42,  43, 44, 


164 


INDEX 


45,48,  52,53,54,55,70,71, 
72,  75,  76,  88 ;  opinion  of,  on 
the  Initiative  and  Keferen- 
dum  vs.  the  representative 
system,  48. 

Ohio,  Initiative  and  Referen- 
dum in  local  districts  of,  44 ; 
the  Recall  rejected  by  the 
constitutional  convention  of 
(1912),  77. 

Oklahoma,  Initiative  and  Ref- 
erendum in,  37-38 ;  first  trial 
of  the  twin  devices  in,  38- 
39 ;  at  three  elections  in  one 
year,  39-41 ;  the  "  permanent 
capital "  Referendum,  40, 
41;  on  the  "Grandfather 
clause  "  in  the  constitution, 
39 ;  the  Swiss  type  introduced 
in  local  districts,  44  ;  com- 
mission cities  in,  99, 102, 105. 
See  Publicity  Pamphlet. 

Oregon,  location  of  capital  of, 
determined  by  the  Referen- 
dum, 12 ;  Initiative  and  the 
Referendum  in,  22-25;  first 
trial  of,  in  a  state  election, 
25,  second,  with  eleven  mea- 
sures, 25-26,  third,  with 
nineteen,  26-28,  next,  with 
thirty-two,  28-31 ;  summary 
of  four  elections,  31 ;  varying- 
comment  thereon,  31 ;  the 
Swiss  type  in  local  districts, 
44 ;  home-rule  charters,  45  ; 
State-wide  Recall  first  in- 
stituted in,  55,  method  of  pro- 
cedure, 57  ;  first  to  apply  the 
Recall  to  judges,  71-72 ;  Re- 
call directed  against  mayors 
of  cities  in,  76 ;  commission 
cities  in,  102.  See  Peoples' 
Power  League,  also  Publicity 
Pamphlet. 

Pennsylvania,  first  Referendum 
on  the  constitutional  conven- 
tion, in,  9. 


Peoples'  Party,  19. 

Peoples'  Power  League,  in 
Oregon,  22,  31,  48. 

Percentage  of  voters,  to  invoke 
the  devices,  21,  44,  55. 

Plymouth  Colony,  first  Initia- 
tive in,  2. 

Plymouth  Colony  Records, 
cited,  3. 

Portland,  Maine,  42. 

Portland,  Oregon, large  number 
of  measures  before  the  voters 
of, 46;  Recall  brought  against 
a  city  councilman  of,  76. 

Portland  "  Oregonian,"  The, 
quoted,  47. 

Preferential  Voting,  The  Grand 
Junction  plan  of,  99,  120, 
122,  123,  compared  with  the 
English  system,  123-124 ;  the 
Spokane  variety,  102,  126- 
128,  129;  the  preferential 
vote  defined,  114 ;  method 
of,  114-117 ;  the  English  sys- 
tem, 1 14, 115,  described,  117- 
119;  the  American  system, 
114,  115,  116,  117,  described, 
116, 120 ;  diagram  of  a  stand- 
ard preferential  ballot,  123, 
125 ;  a  proposed  Cambridge 
plan,  1^4,  126  ;  adoption  of 
the  system  in  Colorado,  129 ; 
in  Alabama  by  a  general 
law,  129 :  criticism  of  the 
system,  130. 

"  Progressives,"  20. 

Proportional  representation, 
118.^ 

Publicity  Pamphlet,  The,  in 
Oregon,  24,  29,  expense  of, 
32 ;  in  Montana,  37 ;  in  Okla- 
homa, 38. 

Queensland,  preferential  voting 
in,  119. 

Recall,  The,  ancient  lineage  of, 
50 ;  modern  type  of,  in  Swit- 


INDEX 


165 


zerland,  50 ;  institution  of,  in 
America,  51 ;  first  in  the  Los 
Angeles  city  charter,  51-52 ; 
in  other  California  home-rule 
charters,  55  ;  State-wide,  first 
established  in  Oreg-on,  55-57 ; 
in  California.  57-02  ;  in  Ari- 
zona, 62-70 ;  President  Taf t's 
veto  of  the  Arizona  provision, 
63-69 ;  progress  of,  in  cities, 
72;  brought  against  mayors 
of  cities:  in  Washington,  72- 
75,  in  South  Dakota,  75,  in 
Oregon,  76  ;  extent  of  estab- 
lishment of,  in  States  and 
cities  in  1912,  77. 
Referendum,  The,  definition  of, 
1 ;  early  American  type  of,  2 ; 
first  in  the  Plymouth  Colony, 
3  ;  first  in  Massachusetts  Bay 
Colony,  3 ;  instances  of  its  ex- 
ercise in  the  early  colonial 
period,  4 ;  first  definitive 
Keferendum,  5  ;  on  the  ques- 
tion of  independency,  5  ;  on  a 
state  constitution,  5,  6 ;  estab- 
lished as  part  of  the  Ameri- 
can constitutional  practice,  9, 
10 ;  on  the  Constitutional  con- 
vention question,  9 ;  on  amend- 
ments proposed  by  Legis- 
latures, 11;  on  statutory 
legislation,  11  ;  underlying 
principle  of  the  early  Ameri- 
can types,  13  ;  the  Swiss  type, 
13 ;  procedure  under,  15-17  ; 
the  modem  American  sys- 
tem, 19 ;  rise  of,  in  the  West, 
20 ;  establishment  of ,  in  South 
Dakota,  20,  in  Utah,  21, 
Oregon,  22,  Missouri,  34, 
Nevada,  35,  Montana,  36, 
Oklahoma,  87,  Maine,  41,  42, 
Michigan,  42,  Arkansas,  Col- 
orado, California,  Arizona, 
43 ;  constitutional  amend- 
ments providing  for.  pending 
in    Idaho,  Nebraska,  North 


Dakota,  Washington,  Wyom- 
ing, 43 ;  in  commission  city 
governments,  45 ;  comments 
on  workings  of  ,in  Oregon, 46- 
47,  in  South  Dakota,  47  ;  in 
association  with  the  Initia- 
tive and  the  Recall,  50,  77. 

Representative  system  vs.  Di- 
rect Elections,  19,  44,  48,  49. 

Republican  Party,  progressive 
wing  of,  20. 

Revolutionary  period,  the  defi- 
nitive Referendum  in,  5. 

Rhode  Island,  constitution  of, 
submitted  to  the  people,  10. 

Rhode  Island  Colony,  the  Re- 
call in,  50  note. 

Rhode  Island  Colony  Records, 
cited,  50  note. 

Sacramento,  commission  gov- 
ernment in,  105. 

San  Antonio,  commission  form 
of  government  rejected  by, 
86. 

Seattle,  Recall  in,  72 ;  invoked 
against  a  mayor  of,  72,  73- 
74. 

Short-Ballot,  The,  principle  of, 
111. 

Socialistic  groups,  19,  50. 

Socialistic  resolution,  44. 

South  Africa,  preferential  vot- 
ing in,  117,  120. 

South  Carolina,  new  constitution 
of,  adopted  without  the  pop- 
ular vote,  11,  and  note ;  com- 
mission government  enabling 
act  of,  100. 

South  Dakota,  capital  site  in, 
determined  by  the  Referen- 
dum, 12;  the  modern  Initia- 
tive and  Referendum  first 
adopted  in,  20-21,  32-33 ;  the 
twin  devices  in  local  districts, 
44 ;  a  seven-foot  ballot  in,  47 ; 
commission  enabling  act  of, 


166 


INDEX 


Spokane,  coramission  govern- 
ment in,  102 ;  preferential  vot- 
ing feature  in  charter  of,  102, 
126-128;  workings  of  the 
system,  12S-129,  and  129 
note. 

State  capitals,  location  of,  de- 
termined by  the  Referendum, 
11,  12,  39,  40. 

State  constitutions,  first  referen- 
da on,  in  Massachusetts,  5,  6, 
7 ;  establishment  of  the  con- 
vention system,  8 ;  procedure 
in  New  Hampshire,  8, 9 ;  Re- 
ferendum established  as  part 
of  the  American  constitu- 
tional practice,  9 ;  the  Penn- 
sylvania procedure,  9;  in 
Connecticut,  Maine,  Rhode 
Island,  New  York,  Georgia, 
North  Carolina,  Virginia, 
Michigan,  10 ;  early  service  of 
the  Referendum  on  constitu- 
tional amendments,  11. 

Statutory  legislation,  Referen- 
dum employed  by  Legisla- 
tures on,  11,  12. 

Swenson,  Lauritz  S.,  letter  of, 
cited,  18. 

Switzerland,  the  Initiative  in, 
1,  2,  13-15  ;  the  Referendum 
in,  1, 2, 13, 15-17 ;  Swiss  con- 
ditions widely  differing  from 
those  of  the  United  States, 
17-19;  the  Recall  in,  50-51. 

Tacoma,  commission  govern- 
ment in,  100 ;  Recall  in,  72, 
75. 

Taf  t.  President,  his  veto  of  the 
first  constitution  of  Arizona, 
63-69. 

Taunton,  commission  govern- 
ment in,  99. 

Tennessee,  commission  cities 
in,  99,  105. 

Texas,  first  state  'to  determine 
the  capital  question  by  the 


Referendum,  11 ;  commission 
city  government  first  estab- 
lished in,  45 ;  commission 
cities  in,  45,  78-88. 

Town  meeting,  the  New  Eng- 
land, 9,  10,  12,  13 ;  principle 
of  its  local  self-government 
system  embodied  in  the  New- 
port Plan,  131. 

Tyson,  Robert,  paper  of,  on 
"  Preferential  Voting,"  cited, 
116,  121,  122  ;  comment  of, 
on  the  Grand  Junction 
method,  122 ;  defines  the  ob- 
ject of  the  Preferential  vote, 
129. 

Utah,  Initiative  and  Referen- 
dum in,  21-22;  the  Swiss 
type  in  local  districts  of,  44. 

Vincent,  John  M.,  his  "  State 
and  Federal  Government  in 
Switzerland,"  cited,  1, 15, 16, 
17,  18,  19,  51. 

Virginia,  constitution  of,  sub- 
mitted to  the  people,  10. 

Washington,  location  of  cap- 
ital of,  by  the  Referendum , 
12;  pending  constitutional 
amendment  for  the  Initiative 
and  Referendum  in,  43; 
home-rule  charters  in,  45; 
provision  for  the  Recall  in 
cities,  100,  105;  commission 
government  enabling  act  of, 
102,  105. 

West,  start  of  the  Initiative  and 
Referendum  in,  19-20 ;  of  the 
Recall  in,  50,  51. 

West  Australian  plan,  prefer- 
ential voting,  118,  119. 

West  Virginia,  commission 
cities  of,  99,  105. 

Wilcox,  Ansley,  paper  of,  on 
the  commission  system,  cited, 
113. 


INDEX 


167 


Wilson,  Woodrow,  opinion  of, 
on  law-making  by  popular 
vote,  48. 

WoodrufF,  Clinton R., his  "City 
Gk)yernment  by  Conamission," 
cited,  78,  79,  88,  100,  106, 
111,  112, 113. 

Wisconsin,  Initiative  and  Ref- 
erendum in  local  districts  of, 
44;  home-rule  charters   in, 


45 ;  State-wide  Recall  in,  70 ; 
commission  government  en- 
abling act  of,  98. 

Woman  Suffrage,  in  Oregon,  25, 
26,  29,  30  ;  in  South  Dakota, 
33;  Oklahoma,  40;  California, 
43;  Washington,  74,  75. 

Wyoming,  constitutional 
amendment  for  the  Initia- 
tive and  Referendum  in,  43. 


CAMBRIDGE  .  MASSACHUSETTS 
U   .   S    .   A 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below, 
or  on  the  date  to  which  renewed.  Renewals  only: 

Tel.  No.  642-3405 
Renewals  may  be  made  4  days  prior  to  date  due. 
Renewed  books  are  subject  to  immediate  recalL 


REG'DLD   AUG  2  9  72  -3  PW  8  0 


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m^m  DEC  10  73 -5  PM 


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MH  1  I  1990 


JAN  04  1993 


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AUTODISCCIRC   DEC  14 '92 


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UC.  BERKELEY  LIBB/IBIES 

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